Marceau
J.A.:—
We
are
all
of
the
view
that
this
application
is
without
merit.
The
Tax
Court
judge
found
that,
during
the
taxation
year,
there
was
no
binding
contract
either
between
the
applicant
and
the
company,
the
setting-up
of
which
was
being
contemplated,
or
between
the
applicant
and
the
individual
Kazakoff,
one
of
the
promoters
of
the
contemplated
company.
This
finding
is
unassailable
in
this
Court.
It
is
a
finding
of
fact
based
on
the
evidence
as
a
whole
that
this
Court
is
not
entitled
to
interfere
with.
Consequently,
the
Tax
Court’s
conclusion
that
the
amount
was
not
an
expense
incurred
for
the
purpose
of
gaining
income
from
business
cannot
be
interfered
with.
And,
in
any
event,
even
if
the
alleged
oral
contract
between
the
company
taxpayer
and
the
individual
Kazakoff
had
been
found
to
have
existed
during
the
taxation
year,
the
obligation
resulting
from
it
did
not
arise
until
long
afterwards
since
it
was
subject
to
the
condition
that
the
company
be
"up
and
running”,
which
was
realized
only
months
later.
No
amount
under
the
alleged
contract,
even
if
it
had
really
existed
as
binding,
was
ever
paid
or
had
ever
become
payable
during
the
taxation
year.
The
application
will
therefore
be
dismissed.
Application
denied.
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