Timpson v. Canada
A-405-87
MacGuigan J.A.
17/6/93
3 pp.
Appeal from trial judgment -- In limiting examination solely to taxpayer's reasonable expectation of profit, Trial Judge applied incorrect legal test -- Leads only to finding farming "source of income", not whether "chief source of income" -- Test in Moldowan v. The Queen, [1978] 1 S.C.R. 480 further elaborated upon since trial judgment rendered -- Favourable comparison of farming with other source of income as to such matters as time spent, capital committed, actual and potential profitability required: The Queen v. Poirier, B. (1992), 92 DTC 6335 (F.C.A.) -- Farming subordinate to respondent's employment -- Appeal allowed.
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