Each of the loans made to the taxpayer by her husband's company were for separate purposes, for example, financing her acquisition of an automobile, erection of a storage building, and acquisition of a coffee shop franchise. CRA assessed on the basis that the loan to finance the construction of the storage building should be included in her income under s. 15(2) and the subsequent repayment of that loan should be ignored. (The taxpayer received a new loan for the coffee shop franchise just weeks after such repayment.) Bowman TCJ held that the amount fell within the exception set out in paragraph 15(2)(b) (as it then read) for loans repaid within one year and did not form part of a "series of loans or other transactions and repayments." He stated (at pp. 1399-1400):
"I do not think that a mere succession of loans is sufficient to constitute them as series without more. This, I think, is a mechanical and simplistic interpretation of subsection 15(2)(b) of the Income Tax Act that ignores its purpose. It must be borne in mind that the purpose of subsection 15(2) is to prevent corporate funds to be paid out to shareholders or persons connected with them otherwise than by way of dividend under the guise of loans."