Moldowan v. The Queen, 77 DTC 5213, [1977] CTC 310, [1978] 1 S.C.R. 480 -- summary under Business Source/Reasonable Expectation of Profit

By services, 28 November, 2015

Dickson, J. stated (at 485, SCR):

[I]f the taxpayer in operating his farm is merely indulging in a hobby with no reasonable expectation of profit, he is disentitled to claim any deduction at all in respect of expenses incurred ... [W]hether a taxpayer has a reasonable expectation of profit is an objective determination to be made from all of the facts. The following criteria should be considered: the profit and loss experience in past years, the taxpayer's training, the taxpayer's intended course of action, the capability of the venture as capitalized to show a profit after charging capital cost allowance.

The list is not intended to be exhaustive. The factors will differ with the nature and extent of the undertaking ... . One would not expect a farmer who purchased a productive going operation to suffer the same start-up losses as the man who begins a tree farm on raw land.

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hobby with no reasonable expectation of profit is not a business
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