The taxpayer owed approximately $2.3 million to a wholly-owned corporation. The loan, which had been used by him for personal purposes, would be included in his income under s. 15(2) if not repaid.
The taxpayer's wife borrowed $2.3 million from a bank to purchase some of her husband's shares for that sum, and he used the proceeds to repay his loan to the corporation which, in turn, purchased cash collateral to be pledged to the bank as security for its guarantee of the bank loan. The share sale occurred on a rollover basis under s. 73(1), and the interest incurred on the bank loan was attributed to the taxpayer under s. 74.1(1).
Little J. found that the transactions were not avoidance transactions and (if he was not correct in this finding) were not abusive tax avoidance transactions.