Whealy v. Canada
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Whealy v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2005-05-16 Neutral citation 2005 FCA 190 File numbers A-448-04, A-449-04 Decision Content Date: 20050516 Docket: A-449-04 A-448-04 Citation: 2005 FCA 190 CORAM: SEXTON J.A. EVANS J.A. PELLETIER J.A. BETWEEN: THOMAS WHEALY Appellant and HER MAJESTY THE QUEEN Respondent AND BETWEEN: ROBERT SISKIND Appellant and HER MAJESTY THE QUEEN Respondent Heard at Edmonton, Alberta, on May 16, 2005. Judgment delivered from the Bench at Edmonton, Alberta, on May 16, 2005. REASONS FOR JUDGMENT OF THE COURT BY: SEXTON J.A. CONCURRED IN BY: EVANS J.A. PELLETIER J.A. Date: 20050516 Docket: A-449-04 A-448-04 Citation: 2005 FCA 190 CORAM: SEXTON J.A. EVANS J.A. PELLETIER J.A. BETWEEN: THOMAS WHEALY Appellant and HER MAJESTY THE QUEEN Respondent AND BETWEEN: ROBERT SISKIND Appellant and HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT OF THE COURT Delivered from the Bench, at Edmonton, Alberta, on May 16, 2005. [1] We are not persuaded that the Tax Court Judge made a palpable and overriding error when he concluded that the appellants did not have a view to profit with respect to their 5.4% interest in the two gas wells, and therefore were not engaged in a partnership so as to permit the deduction of the losses realized on the sale of the real estate. [2] The appeal of Whealy is allowed in part and his reassessment is referred back to the Minister for reconsideration and reassessment on the basis that no ss. 15(1) benef…
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Whealy v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2005-05-16 Neutral citation 2005 FCA 190 File numbers A-448-04, A-449-04 Decision Content Date: 20050516 Docket: A-449-04 A-448-04 Citation: 2005 FCA 190 CORAM: SEXTON J.A. EVANS J.A. PELLETIER J.A. BETWEEN: THOMAS WHEALY Appellant and HER MAJESTY THE QUEEN Respondent AND BETWEEN: ROBERT SISKIND Appellant and HER MAJESTY THE QUEEN Respondent Heard at Edmonton, Alberta, on May 16, 2005. Judgment delivered from the Bench at Edmonton, Alberta, on May 16, 2005. REASONS FOR JUDGMENT OF THE COURT BY: SEXTON J.A. CONCURRED IN BY: EVANS J.A. PELLETIER J.A. Date: 20050516 Docket: A-449-04 A-448-04 Citation: 2005 FCA 190 CORAM: SEXTON J.A. EVANS J.A. PELLETIER J.A. BETWEEN: THOMAS WHEALY Appellant and HER MAJESTY THE QUEEN Respondent AND BETWEEN: ROBERT SISKIND Appellant and HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT OF THE COURT Delivered from the Bench, at Edmonton, Alberta, on May 16, 2005. [1] We are not persuaded that the Tax Court Judge made a palpable and overriding error when he concluded that the appellants did not have a view to profit with respect to their 5.4% interest in the two gas wells, and therefore were not engaged in a partnership so as to permit the deduction of the losses realized on the sale of the real estate. [2] The appeal of Whealy is allowed in part and his reassessment is referred back to the Minister for reconsideration and reassessment on the basis that no ss. 15(1) benefit in the amount of $83,333.00 should be included in Whealy=s 1987 taxation year. [3] In all other respects, the appeal is dismissed with costs. AJ. Edgar Sexton@ ________________________________ J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-449-04 & A-448-04 APPEAL FROM A JUDGEMENT OF THE TAX COURT OF CANADA DATED JUNE 8, 2004, DOCKET NO. 98-793(IT)G STYLE OF CAUSE: THOMAS WHEALY v. HER MAJESTY THE QUEEN ROBERT SISKIND v. HER MAJESTY THE QUEEN PLACE OF HEARING: Edmonton, Alberta DATE OF HEARING: May 16, 2005 REASONS FOR JUDGMENT OF THE COURT DELIVERED FOR THE BENCH BY: The Honourable Mr. Justice Sexton CONCURRED IN BY: The Honourable Mr. Justice Evans The Honourable Mr. Justice Pelletier APPEARANCES: Cheryl A. Gibson FOR THE APPELLANT Marta Burns FOR THE RESPONDENT SOLICITORS OF RECORD: Fraser Milner Casgrain LLP Edmonton, Alberta FOR THE APPELLANT John H. Sims, Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca