A medical partnership comprised of 18 doctors leased its medical premises from a nominee corporation holding for a co-ownership of the doctors. The co-ownership paid a tenant inducement payment to the partnership, which it treated as a capital receipt but which was deducted by the co-owners on a pro rata basis over a period of 10 years . In finding that these payments were non-deductible, Robertson JA stated (at pp. 6235-6236):
In support of the proposition that a payment to oneself cannot give rise to a tax deduction, the Minister could have also relied on the common law rule against contracting with one's self. …
[T]he fact is that the same eighteen persons who formed the Partnership were the very same persons who comprised the Co-Tenancy. … [T]he agreement to pay the tenant inducement payment of $1.2 million was of no legal consequence and.. it cannot be considered an outlay or expense made for the purpose of gaining or producing income… .