BETWEEN:
Appellant
and
Heard at Ottawa, Ontario, on April 18, 2007.
Judgment delivered from the Bench at Ottawa, Ontario, on April 18, 2007.
REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A.
Docket: A-497-05
Citation: 2007 FCA 159
CORAM: SEXTON J.A.
PELLETIER J.A.
MALONE J.A.
BETWEEN:
DONALD VARCOE
Appellant
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on April 18, 2007)
[1] This appeal and the companion appeal in A-498-05 turn on the Tax Court Judge's finding that the "racing" deductions claimed by Lakeway and Mr. Varcoe were not made for the primary purpose of producing income. That is a finding of fact based upon an assessment of Mr. Varcoe's credibility.
[2] There was evidence upon which the Tax Court Judge could come to the conclusion she did. In the circumstances, we are not in a position to intervene, despite Mr. Baril's best efforts.
[3] The appeal will be dismissed with one set of costs, with disbursement in both appeals.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-497-05
STYLE OF CAUSE: Donald Varcoe v. Her Majesty the Queen
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: April 18, 2007
REASONS FOR JUDGMENT OF THE COURT BY: Sexton, Pelletier, and Malone JJ.A.
DELIVERED FROM THE BENCH BY: Pelletier J.A.
APPEARANCES:
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FOR THE APPELLANT
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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Ottawa, Ontario
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FOR THE APPELLANT
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Deputy Attorney General of Canada Ottawa, Ontario |
FOR THE RESPONDENT
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