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., a payment made after 1999 to the taxpayer from the trust that can reasonably be considered to have been made because of the taxpayer’s capital interest in the trust,   [15]          The respondent says that the appellants disposed of capital interests in a trust and, accordingly, had the obligation to send notices pursuant to subsection 116(3) ... Consequently, it is wrong to conclude that an estate is to be considered as a trust for all purposes of the Act ... Inland Revenue Commissioners, [1980] A.C. 1148 (H.L.), at 1195. [7] Obviously, there are certain legal constraints on the Minister in so doing; those constraints need not be addressed here. [8] Again, there are legal constraints on the Minister in applying subsection 220(3.1); they need not be considered here. ...

That determination will depend on the Appellant’s circumstances considered in light of the factors enumerated by the Federal Court of Appeal in The Queen v. ... For the reasons set out below, I am satisfied that when considered in light of the factors established in Vancouver Art Metal, the evidence of the Appellant’s overall conduct is consistent with his stated intention to acquire shares for resale at a quick profit. ...   [23]          Counsel for the Respondent further submitted that certain shares traded in 2004, the Dimethaid shares, ought not to be considered in determining whether the Appellant was in the business of trading. ...

As I have said above, the only question before me is whether or not the Appellant was entitled to treat these acquisitions as expenses, or if they must be considered to be on capital account. ... If the licence is not considered by DFO to be transferable, as in the case of the ZN licence, then the practice that has developed is that the vendor will hold the licence in trust for the purchaser, and covenant to renew it for the benefit of the purchaser from year to year, and to transfer it to the purchaser if it becomes transferable at some future time. ... Analysis The circumstances of this case lead me to conclude that the expenditure for the rights in respect of the two fishing licences which the Appellant purchased should be considered to be on capital account. ...

It must first consider the trend of those decisions which have established certain objects as charitable under this heading, and ask whether, by reasonable extension or analogy, the instant case may be considered to be in line with these. ... The Department has long taken the view that the taking of written or oral representations by a registered charity to an elected representative presenting the organization’s interest and point of view is not an activity that would in and of itself be considered political in nature. ... Improvement/Renovation of NDC's largest artery would have to be considered a public benefit conferred on the whole community. ...

In these circumstances, where the proceeds from the disposal of each individual property normally exceed the taxpayer’s cost there, the proceeds from the sale of all of the taxpayer’s property that has been rented or leased will be considered to be received by the taxpayer on account of income rather than capital.   6.         ... These notionally determined capital gains or losses will be considered to give rise to taxable capital gains or allowable capital losses for the taxation year during which the actual disposition of the relevant property occurs and will be required to be so reported in that same year. ... The conversion of a unit of merchandise from inventory to capital property, as envisaged by 9 above, is not considered to be either a disposition or an acquisition. ...

The $1,500 legal fees for each of the two family trusts which were prepared should be considered a shareholder benefit to the trust and not to Mr. ... The expenses were not considered capital in nature as they were incurred for the purpose of gaining or producing income and not for obtaining any enduring benefit. ... Grabowski in the form of the costs of legal and accounting advice and paid for by Truckbase should be considered personal shareholder benefits under subsection 15(1) of the Act. ...

In hindsight, it is easy to say that the remuneration provided for was excessive to the point where most of it should have been considered a gift, value given for no consideration. ...   [13]           As the judgment very clearly sets out the statutory provisions that must be considered, I believe it would be useful to reproduce them here since they are exactly the same provisions as those that must be considered in this case:   [3]        It does not appear to be contested that, if the amount is indeed remuneration for the performance of the duties of their office as liquidators of the succession, it is taxable in their hands. ... For example, a specific legacy of $1,000 to an executor cannot be considered remuneration if the provisions of the will as a whole do not appear to refer to the executor's office. ...

They are considered to be capital in nature where the training results in a lasting benefit to the taxpayer, i.e., where a new skill or qualification is acquired. ...   [15]    Therefore, clearly some training costs are deductible as current expenditures while others are considered to be on account of capital. ... The training may also have included training that could be considered to be capital in nature. ...

According to the appellant, the whole structure was linked to him so that he could withdraw ail the income at the proper time. 3.04 According to the appellant, even though the respondent considered only the class E shares of Gestion in preparing his notices of reassessment, everything was related and had to be considered as a comprehensive investment designed to generate income. ... Reiterating what he had said in his testimony, inter alia, at paragraphs 3.02, 3.03, 3.05.3, 3.05.4, and Gestion's financial statements confirmed his allegations, he said that the situation must be considered as a whole in order to determine whether his intention in borrowing was obviously to make profits in the short or long term. 4.03.2 Counsel for the respondent, for her part, argued that the doctrine explained in Bronfman Trust on the direct use of money borrowed for the purpose of earning income applies to the present case. ”... it is not the purpose of the borrowing itself which is relevant. ... Furthermore, Gestion's redemption of shares cannot be considered as a source of income because it constituted quite simply a return on investment, unless the dividends had been declared and unpaid, as provided in the certificate of incorporation (3.06 in fine). ...

Both of these judgments considered the said ss 85ff of the Special War Revenue Act in which the same words, “produced or manufactured in Canada” were used. ... He held as follows: In view of and having considered these and other authorities and after considering the whole of the evidence and using commercial usage as a guide and confined to the facts of this appeal, in my opinion what has been done and is done by Controlled Foods to the raw materials it uses in the treatments and processes employing the subject machinery, apparatus and equipment would not in fact and generally would not be recognized as constituting the “manufacture or production of goods”, and further Controlled Foods would not be considered and would not be generally recognized as a “manufacturer” or “producer” within the meaning of the Excise Tax Act especially Schedule III thereto. ... Now, in your experience in dealing with the food processing industry, is a restaurant considered to be a food processor? ...