Kuhlmann v. Canada, 98 DTC 6652, [1999] 1 CTC 38 (FCA) -- summary under Business Source/Reasonable Expectation of Profit

The Court reversed a finding of the trial judge that a husband and wife team of practising physicians were not engaged in operating an "English riding" school and raising horses for competition in jumping events with a reasonable expectation of profit. The trial judge erred in finding that love for one's work attracted the scrutiny mandated by the Tonn case; in second-guessing the business decisions made by the taxpayer; and in failing to recognize that "a minimum of five or six years is needed in the best of circumstances for such an activity as that carried [on] by the appellants to earn profit".