After finding that the taxpayer was entitled under s. 126(2) to a foreign tax credit in respect of its share of US corporate income tax paid by a Delaware limited partnership of which it was a limited partner, Webb J. went on to find that such taxes were not deductible for purposes of the Act in computing the income of the partnership. He stated (at para. 61):
It seems to me that income taxes paid to the U.S. government as a result of earning income would not be made or incurred for the purpose of gaining or producing income but would be incurred as a result of gaining or producing income.