During a three-day period in 1985 the taxpayer, who was a partner in a law firm, withdrew $100,000 from his capital account, purchased a private residence for $113,500 in cash, mortgaged the residence for $100,000, and used the mortgage proceeds to restore his capital account. On January 31, 1988, he used $25,000 that he had obtained on further mortgaging his residence to make a contribution of capital to his firm while, at the same time, withdrawing $25,000 from the firm in order to make renovations to the residence.
In finding that the interest on both loans was not deductible, Dussault TCJ. stated (at p. 1292) that "investment in the law firm already existed and the purpose of the loans was only to reimburse money withdrawn and used for personal purposes a few days earlier in 1985 and on the same day in 1988".