Erb v. The Queen, 2000 DTC 1401 (TCC) -- summary under Subsection 15(2)

The taxpayers, along with related persons owned shares of a corporation ("Enterprises") and received draws from a partnership, of which they and Enterprises were members, that were substantially in excess of their share of income of the partnership. Bowman TCJ. found that they were not liable under s. 15(2) in respect of the excess draws because partnership law was clear that a deficit position in a partner's capital account did not create indebtedness. Furthermore, even if the excess drawing were indebtedness, the specific provisions of the Act relating to withdrawals from a partnership (which he described at p. 1412 as "a specific and complete code on one relatively narrow aspect of the fiscal consequences of being a partner") overrode the more general provisions of s. 15(2), which dealt broadly with a variety of types of indebtedness to corporations and partnerships.