The taxpayers had transferred a profitable consulting business to an unprofitable management consulting firm ("TF&B) while at the same time being sold Class C shares of TF&B at a discounted price. The shares were redeemed 26 months later after the taxpayers had received dividends thereon.
In the Tax Court below, Beaubier TCJ had found that the gain on this share redemption was on income account given that the taxpayers acquired the shares with the "main purpose and intent of obtaining a profit from their redemption by means of the insertion of their consulting practice's income into TF&B" (para. 25), with such profits (which were many times their professional incomes) being the result of their efforts (para. 21). He had not made a pure error of law in so concluding.