Docket: A-449-04
A-448-04
BETWEEN:
Appellant
and
AND BETWEEN:
ROBERT SISKIND
Appellant
and
HER MAJESTY THE QUEEN
Respondent
Heard at Edmonton, Alberta, on May 16, 2005.
Judgment delivered from the Bench at Edmonton, Alberta, on May 16, 2005.
REASONS FOR JUDGMENT OF THE COURT BY: SEXTON J.A.
CONCURRED IN BY: EVANS J.A.
PELLETIER J.A.
Docket: A-449-04
A-448-04
Citation: 2005 FCA 190
CORAM: SEXTON J.A.
EVANS J.A.
PELLETIER J.A.
BETWEEN:
THOMAS WHEALY
Appellant
and
HER MAJESTY THE QUEEN
Respondent
AND BETWEEN:
ROBERT SISKIND
Appellant
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT OF THE COURT
Delivered from the Bench, at Edmonton, Alberta, on May 16, 2005.
[1] We are not persuaded that the Tax Court Judge made a palpable and overriding error when he concluded that the appellants did not have a view to profit with respect to their 5.4% interest in the two gas wells, and therefore were not engaged in a partnership so as to permit the deduction of the losses realized on the sale of the real estate.
[2] The appeal of Whealy is allowed in part and his reassessment is referred back to the Minister for reconsideration and reassessment on the basis that no ss. 15(1) benefit in the amount of $83,333.00 should be included in Whealy=s 1987 taxation year.
[3] In all other respects, the appeal is dismissed with costs.
AJ. Edgar Sexton@
________________________________
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
APPEAL FROM A JUDGEMENT OF THE TAX COURT OF CANADA DATED JUNE 8, 2004, DOCKET NO. 98-793(IT)G
STYLE OF CAUSE: THOMAS WHEALY v. HER MAJESTY THE QUEEN
ROBERT SISKIND v. HER MAJESTY THE QUEEN
PLACE OF HEARING: Edmonton, Alberta
REASONS FOR JUDGMENT OF THE COURT
DELIVERED FOR THE BENCH BY: The Honourable Mr. Justice Sexton
CONCURRED IN BY: The Honourable Mr. Justice Evans
The Honourable Mr. Justice Pelletier
APPEARANCES:
| Cheryl A. Gibson |
FOR THE APPELLANT
|
| Marta Burns |
FOR THE RESPONDENT
|
| Fraser Milner Casgrain LLP Edmonton, Alberta |
FOR THE APPELLANT
|
| John H. Sims, Deputy Attorney General of Canada Ottawa, Ontario |
FOR THE RESPONDENT
|