INCOME TAX |
Income Calculation |
Deductions |
Stewart v. Canada
A-337-98
Rothstein J.A.
18/2/00
5 pp.
Appeal from T.C.C. decision rental losses incurred by taxpayer not deductible from income as no reasonable expectation of profit--In 1986, taxpayer acquired 2 condominium units in London, Ontario and 2 in Surrey, British Columbia--Not for personal use--For taxation years 1990, 1991, 1992, taxpayer claimed losses of close to $60,000 primarily from interest on loan to acquire units--Minister disallowed losses on basis for years under review, no reasonable expectation of profit--T.C.C. confirmed assessment--Appeal dismissed--Case of Moldowan v. The Queen, [1978] 1 S.C.R. 480 (establishing reasonable expectation of profit test) interpreted as standing for principle in order to have source of income, taxpayer must have profit or reasonable expectation of profit--Where property held with objective other than profit, losses cannot be deducted as property not source of income--T.C.J. did not err in applying reasonable expectation of profit test to determine whether units source of income--T.C.J. found taxpayer bought units intending to use expected rental losses to offset other income and realize capital gain on sale of units from expected appreciation of property; plan held out no expectation of profit from rental income--No overriding or palpable error in T.C.J.'s findings of fact--As no source of income herein, no possibility of deducting interest pursuant to Act, s. 20(1)(c)--Income Tax Act, R.S.C., 1985 (5th Supp.), c. 1, s. 20(1)(c).