Will-Kare Paving & Contracting Ltd. v. Canada
A-323-96
Strayer J.A.
20/2/98
5 pp.
Appeal from Tax Court of Canada decision confirming tax assessments in respect of appellant's 1988, 1989, 1990 taxation years-Taxpayer in business of asphalt concrete paving since 1974-Purchased asphalt required from suppliers until 1988, but in that year, acquired asphalt plant-In years in question, sold approximately 25% of plant's production to third parties-Taxpayer claimed capital cost allowance under Income Tax Act, s. 20(1)(a)-Also claimed deductions under Act, s. 127(5) in respect of acquisition costs of asphalt plant as being "qualified property" defined in s. 127(9)-Minister finding asphalt plant not being used "primarily" for "manufacturing or processing of goods for sale"-Tax Court Judge correctly characterized asphalt plant as not being property acquired primarily for the manufacturing of goods for sale-No basis for reviewing finding of fact most important purpose for acquisition of plant to supply asphalt for appellant's own paving business-Tax Court Judge correct to apply principles enunciated by Court in The Queen v. Coopers & Lybrand Ltd. (1994), 94 DTC 6541 (F.C.A.)-Words "goods for sale or lease" should be given same meaning as elsewhere in general law of sale of goods-Rationale of Coopers & Lybrand decision not confined to "repair" situations-Appeal dismissed-Income Tax Act, R.S.C., 1985 (5th Supp.), c. 1, ss. 20(1)(a), 127.