Stefanson Farms Ltd v. The Queen, 2009 DTC 177, 2008 TCC 682 -- summary under Subsection 98(5)

Pursuant to an agreement dated October 16, 1998, the taxpayer acquired a 99% interest in a partnership from its shareholder effective January 1, 1998, and then on January 3, 1998, it purchased the other 1% interest in the partnership. In finding that the taxpayer satisfied the requirement that, in order for s. 98(5) to apply, it had conducted the partnership business during the relevant two-day period, Woods, J. noted that the Courts have given short shrift to attempts by taxpayers to disavow their own written documents, and that the evidence provided to her was not sufficient for her to conclude that no partnership business was conducted during the two-day period.