The taxpayer's income came from a fishing business, which he operated through four personally held corporations. The taxpayer argued that, because the corporations' books and records were located on a reserve, and his income came from those corporations, that income must have come from property situated on a reserve.
C Miller J rejected the taxpayer's argument as being "facile." He stated (at TCC para. 63):
[T]he use of non-arm's length corporate intermediaries located on-Reserve should not so colour the location of the property, in this case, Charles Pilfold's business income, as to artificially create the situs of the business income.
The evidence otherwise demonstrated that the business was not connected to a reserve - the business management, fishing, sales, equipment, and customers were all off-reserve.
In affirming the Tax Court reasons, Sharlow JA stated (at para. 6):
[The connecting factors test] requires a complete consideration of all of the facts relating to the income, which must include but cannot be limited to the formal legal structure through which the income is received.