Minister of National Revenue v. Atlantic Engine Rebuilders Ltd., 67 DTC 5155, [1967] CTC 230, [1967] S.C.R. 477 -- summary under Nature of Income

By services, 28 November, 2015

The taxpayer was in the business of rebuiliding Ford engines, which it sold to Ford dealers. In order to secure a regular supply of rebuildable engines, when it sold an engine to a dealer, it required that the dealer provide it with a large deposti, which it would repay once the dealer provided it with another rebuildable engine. The probabilities were 96% that a deposit would be returned to a dealer in the near future.

Although the deposits received by the taxpayer did not constitute a trust fund in its hands, they nonetheless were not ordinary trading receipts, and a deposit was not to be included in the computation of its profit from its business until the taxpayer ceased to be under a liability to return the deposit to the dealer.

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