The Chairman:—This taxpayer’s appeal was heard at the same time as that of Murray Kadis, it then being agreed by counsel concerned that the evidence adduced should apply to both appellants.
The circumstances in the case of this appellant are the same in any material respect as those relating to Kadis, but the present appellant was also involved in a second transaction that seemingly was of a similar nature and as to which no evidence was adduced. Hence, and as was stated at the end of argument by counsel, and for the same reasons as are given in Kadis v MNR, issued herewith, the appeal should be allowed in part and the matter referred back to the respondent for re-assessment along lines indicated, and agreed to, by counsel for the parties, expenses of $2,000.00 incurred in the second transaction to be duly taken into account.
Appeal allowed in part.