MNR v. Gault, 65 DTC 5157, [1965] CTC 261 (Ex Ct) -- summary under Nature of Income

An agreement dated 21 March 1960 between the estate of an insurance agent ("Bulley") and the taxpayer, pursuant to which the estate sold the goodwill of the insurance business of Bulley (including all client lists) to the taxpayer, provided for the payment by the taxpayer to the estate of 1/2 of all renewal commissions received during the following three-year period relating to clients of Bulley. The agreement was characterized as a "mere agency for the purpose of collecting" premiums on behalf of the estate, with the result that the 50% amounts collected and remitted to the estate were not income to the taxpayer.