Clevite Development Ltd. v. MNR, 61 DTC 1093, [1961] CTC 147 (Ex. Ct.) -- summary under Paragraph 108(2)(b)

Thurlow J. referred with approval to the distinction drawn in IRC v. Desoutter Brothers Ltd., [1946] 1 All E.R. 58 (C.A.) and Tootal Co. Ltd. v. IRC, [1949] 1 All E.R. 261 (HL) between income from a business and income from investments before going on to find that the taxpayer received patent royalty income as income from a business rather than from "a mere property holding".