Webb J. found that the taxpayer was successful in demolishing the Minister's assumptions relating to the proceeds of disposition of two properties. The taxpayer's evidence that she received $320,000 for one property rather than $340,000 was corroborated by testimony from the purchaser, and from the lawyer who handled the transaction.
On the second property, the taxpayer contended that her alleged $650,000 of proceeds were actually $550,000, based on a $100,000 promissory note that was never paid. Webb J. accepted the taxpayer's testimony, also corroborated by the lawyer, that the $100,000 was linked to rezoning the property, that no rezoning was done, and consequently no payment on the note was received or pursued. Accordingly, the $100,000 note was not consideration for the property.