A-729-79
The Queen (Appellant)
v.
Oxford Shopping Centres Ltd. (Respondent)
Court of Appeal, Heald J., MacKay and Kelly
D. JJ.—Toronto, October 7, 1980.
Income tax — Appeal from Trial Judge's decision that
amount paid to city in lieu of local improvement taxes was
deductible in the year of payment — Whether amount was a
current expense or was required to be amortized over a number
of years — Appeal dismissed.
INCOME tax appeal.
COUNSEL:
W. Lefebvre and D. Olsen for appellant.
Neil Nichols for respondent.
SOLICITORS:
Deputy Attorney General of Canada for
appellant.
Milner & Steer, Edmonton, for respondent.
The following are the reasons for judgment
rendered in English by -
HEALD J.: The sole issue in this appeal is wheth
er the amount of $490,050 paid by the respondent
to the City of Calgary was a current expense in the
1973 taxation year, the year in which it was paid
or whether the said amount was required to be
amortized over a period of years, deducting only
an appropriate portion thereon in the 1973 taxa
tion year.
The learned Trial Judge decided [[1980] 2 F.C.
89] that the whole amount was deductible in the
1973 taxation year, the year of payment. We agree
with that decision and with the reasons of the
learned Trial Judge for so concluding.
The appeal is accordingly dismissed with costs.
* * *
MACKAY D.J. concurred.
* * *
KELLY D.J. concurred.
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