Although the at-risk amount of the taxpayer at the end of the year in which he became a partner was reduced as a result of a partnership amendment agreement being made less than two years later by virtue of which he was entitled to retract his partnership interest for 80% of his subscription price, his at-risk amount was not reduced by a right of the partnership to receive common shares of the person from whom it had purchased its principal asset given the absence of evidence on the value of such shares. Rothstein J.A. stated (at p. 5307):
"While paragraph 96(2.2)(d) is worded broadly, it seems to me that, where, according to the evidence, the amount of the benefit referred to is not ascertained or ascertainable, paragraph 96(2.2)(d) cannot apply."