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T-2644-75
The Queen (Plaintiff)
v.
G. Grant Amyot (Defendant)
Trial Division, Mahoney J.—Ottawa, March 3 and May 6, 1976.
Income tax—Deductions—Whether payments received by defendant from Canada Council on account of scholarship, fellowship or bursary, or on account of research grant— Income Tax Act, S.C. 1970-71-72, c. 63, s. 56(1 )(n),(o)— Canada Council Act, R.S.C. 1970, c. C-2, s. 8(1)(b).
Defendant received $4,500 from the Canada Council in order to pursue a program of research and study leading to a Ph.D. from the University of Reading, England. The University required only the completion of a thesis to qualify for the degree, and, with permission, defendant absented himself for all of 1972, spending the entire year in Italy, working on his thesis on the Italian Communist Party. He claimed that the $4,500 was on account of a research grant, and sought, under section 56(1)(o) of the Income Tax Act, to deduct $1,327.80 for meals and lodging, not in Rome, where he had lived, but elsewhere in Italy. Plaintiff appealed the decision of the Tax Review Board, arguing that the sum was on account of a "scholarship, fellow ship or bursary", and, under section 56(1)(n), the entire amount in excess of $500 must be included in income.
Held, the appeal is allowed. What defendant was doing in 1972 was research, nothing else. In order to bring the receipts within section 56(1)(o), the purpose of the grant must have been to enable defendant to carry out that research. The crucial question is the purpose of the payments, not the means adopted, by necessity or choice, to achieve that purpose. If the purpose was the research itself, which in most cases means not research as an activity for its own sake, but for the sake of the novel proposition which might ensue upon it, then the grant was made for that purpose. This could be so even if defendant's academic advancement was an active, but secondary object, or an inevitable, but incidental benefit. However, if the purpose was to assist him in advancing his academic career and the research was only a means, though essential, the grant was a "bursary etc...." under section 56(1)(n). Here, the object was not defendant's contribution to the general body of knowledge on the Italian Communist Party; it was to assist him toward his Ph.D. Having regard to his level of academic attainment in 1972, the grant was a "fellowship", and the amounts fell within section 56(1)(n) of the Act.
INCOME tax appeal. COUNSEL:
O. A. Pyrcz for plaintiff.
D. G. Cunningham for defendant.
SOLICITORS:
Deputy Attorney General of Canada for plaintiff.
Cunningham & Little, Kingston, for defendant.
The following are the reasons for judgment rendered in English by
MAHONEY J.: The issue in this case is whether payments totaling $4,500 received by the defend ant from the Canada Council in 1972 were on account of a scholarship, fellowship or bursary or on account of a research grant. Subject to any other deductions that may properly be taken, if the former, the entire amount thereof in excess of $500 must be included in his taxable income; if the latter, the expenses incurred' in carrying out the research may be deducted. The amount of the expenses so incurred, $1,327.80, is not in dispute.
The Income Tax Act' provides:
56. (1) Without restricting the generality of section 3, there shall be included in computing the income of a taxpayer for a taxation year,
(n) the amount, if any, by which
(i) the aggregate of all amounts received by the taxpayer in the year, each of which is an amount received by him as or on account of a scholarship, fellowship or bursary, or a prize for achievement in a field of endeavour ordinarily carried on by the taxpayer,
exceeds
(ii) $500; and
(o) the amount, if any, by which any grant received by the taxpayer in the year to enable him to carry on research or any similar work exceeds the aggregate of expenses incurred by him in the year for the purpose of carrying on the work, other than
(i) personal or living expenses of the taxpayer except travelling expenses (including the entire amount expended for meals and lodging) incurred by him while away from home in the course of carrying on the work,
(ii) expenses in respect of which he has been reimbursed, or
(iii) expenses that are otherwise deductible in computing his income for the year.
' S.C. 1970-71-72, c. 63.
The evidence is that, in the North American aca demic community, the terms "bursary", "scholar- ship" and "fellowship" are mainly to be distin guished by the academic level of eligible recipients. Bursary pertains generally to the under graduate level; scholarship to the master's level and fellowship to the doctoral level.
By agreement, the transcript of the proceedings before the Tax Review Board was received in evidence along with the exhibits entered at that hearing. One further exhibit, a book entitled I comunisti a Torino 1919-1972, was received as Exhibit 9. It is entirely in Italian; however, a knowledge of that language is not necessary to the conclusion that the defendant's work is extensively referred to. That is apparent from the table of contents and index. Finally, the following addition al agreed fact was put in evidence:
Ph.D. programs differ from university to university and several Ph.D. programs require course work as well as the successful completion of a doctoral dissertation.
Following argument and the conclusion of the hearing, it became apparent that there was a serious gap in the evidence and I therefore availed myself of Rule 496 to reopen the hearing.
The receipts in issue were as a result of renew als, for twelve month periods, commencing April 1 in each of 1971 and 1972, of an award made sometime earlier. The evidence submitted to the Tax Review Board and adopted for purposes of this trial comprised the defendant's renewal applications and extracts from Canada Council brochures describing its 1971-72 and 1972-73 pro grams. The original application was not in evi dence nor were the terms and conditions pre scribed by the Canada Council on which such an award would then be made.
There is now in evidence, in addition to that before the Tax Review Board, the agreed fact as to the variety of Ph.D. programs, and Exhibit 9, the following:
1. A copy of the defendant's original application to the Canada Council for a doctoral fellowship.
2. A copy of the notification by the Canada Council to the defendant of the award thereof.
3. A document, dated August, 1968, entitled Memorandum to: Doctoral Fellowship Candi dates, wherein, counsel agree, the terms and conditions of the original award are set out.
4. Two further documents, each also entitled Memorandum to: Doctoral Fellowship Candi dates, dated August, 1970 and June, 1971, which, counsel agree, fully set out the terms and conditions applying to the renewal of the defendant's doctoral fellowhip for twelve month periods respectively commencing April 1, 1971 and April 1, 1972.
Of the $4,500 received by the defendant during 1972, $1,350 was received in respect of the April 1, 1971 renewal and $3,150 in respect of the April 1, 1972 renewal.
The authority of the Canada Council to make the payment in question is defined by section 8 of the Canada Council Act 2 , the relevant portion of which follows:
8. (1) The objects of the Council are to foster and promote the study and enjoyment of, and the production of works in, the arts, humanities and social sciences, and, in particular, but without limiting the generality of the foregoing, the Council may, in furtherance of its objects,
(b) provide, through appropriate organizations or otherwise, for grants, scholarships or loans to persons in Canada for study or research in the arts, humanities or social sciences in Canada or elsewhere or to persons in other countries for study or research in such fields in Canada;
The Canada Council clearly has the authority to award a research grant. Its nomenclature: "doctor- al fellowship", is not, per se, evidence of the nature of the receipt for income tax purposes. That said, what was applied for and what was granted and renewed was, in its terminology, a doctoral fellowship.
2 R.S.C. 1970, c. C-2.
The pertinent conditions as to eligibility in effect at the time of the original application, set forth in the memorandum of August, 1968, were:
Eligibility: Persons who, by the time of taking up the award can provide evidence that they
1) are registered in a programme of studies leading to a doctoral degree or the equivalent and
2) have no more than two years of course requirements to fulfill.
When the grant was renewed, the conditions required that the applicant
have completed one year of graduate study beyond the Honours B.A. or its equivalent.
rather than that he have no more than two years of course work remaining. I do not see that change as material to this action. It would appear to apply to initial applications and not to the renewal of grants made under the previous conditions.
On December 4, 1968, the defendant applied for a doctoral fellowship of $3,500 tenable for twelve months from October 1, 1969, by which date he anticipated receiving his B.A. from Oxford Uni versity, England. He proposed to undertake a pro gram at Oxford leading to the degree D.Phil. and estimated that, after October 1, 1969, he would require three years of doctoral study, none of which would be devoted to course work. His pro posed program of study and research was "the left opposition to the Attlee government within the Labour Party". I note all that because the renew als were granted to permit him to pursue a pro gram of research and study concerning the Italian Communist Party leading to a Ph.D. from the University of Reading, England. The evidence is that, notwithstanding those manifestly major changes, the receipts in issue were from renewals of the original award, approved March 14, 1969, and did not flow from a new application and award.
The Ordinances of the University of Reading provided that degree of Ph.D. could be conferred upon the satisfactory completion of a thesis. No course work, examinations or, for that matter, bare attendance, at the University of Reading was necessarily required. The full text of the applicable portion of the Ordinances follows:
(20) The Degree of PhD may be conferred upon graduates of the University or of other Universities or upon other persons approved by the Senate who have
(a) undertaken such research as may be approved by the Senate for a period of not less than three academic years after completing the examination requirements for the con ferment of the degree of Bachelor or of Master (except as provided by Clauses 21 and 22 of this Ordinance)
(b) fulfilled such other conditions as may be prescribed by regulation and
(c) submitted the results of their research in a thesis satis factory to the Examiners appointed by the University who may at their discretion further examine any candidate in the matter of the thesis submitted or in any matters relating to the research.
The research shall be the responsibility of the Professor of the subject or of the Head of the Department concerned if there is no Professor. The Professor (or Head of Department) may delegate the supervision of the candidate's work to such extent as he shall determine to another member of the Academ ic Staff who shall be appointed on his nomination by the Board of the Faculty concerned.
The period of three academic years shall normally be spent in the University but with the permission of the Senate a part or the whole of it may be spent elsewhere on condition that the research continues to be directed and supervised as provided above and as may be prescribed by regulation.
Clauses 21 and 22 have no application.
It appears that, in 1972 at least, the defendant successfully availed himself of the Senates' permis sion to absent himself. He did not set foot in England, much less Reading, at all. He lived in Rome and, except for August when he vacationed in Canada, spent the entire year in Italy. The expenses he claims were not his living expenses in Rome but rather the cost of meals and lodging elsewhere in Italy.
I have had recourse to a number of dictionaries 3 , and have concluded that the appro priate definitions of "scholarship" and "fellow- ship" in Webster's Third New International Dic tionary most closely reflects the ordinary meaning of those words in contemporary North American parlance. I think it reasonable, for this purpose, to ignore the rather particular significance attached to "scholarship" and "fellowship" in Great Brit- ain. The payments in issue were made to a North
3 Webster's Third New International Dictionary and Funk & Wagnall's New `Standard" Dictionary, both published some 15 years ago, and The Shorter Oxford English Dictionary, published in 1972.
American scholar by a North American institution and were made taxable by legislation adopted by the Parliament of Canada. Notwithstanding that the activity undertaken was done in Europe it must be concluded that the defendant in applying for the grant, the Canada Council in making it, and Parliament in seeking to tax it, have all acted in a North American frame of reference.
None of the dictionary definitions of "bursary" have any relevance to this action. The Income Tax Act does not, itself, define any of the terms. The following pertinent definitions are from Webster's Third New International Dictionary:
fellowship: a sum of money offered or granted by an education al institution, a public or private agency, or organization, or foundation for advanced study or research or for creative writing.
scholarship: a sum of money or its equivalent offered (as by an educational institution, a public agency, or a private organiza tion or foundation) to enable a student to pursue his studies at a school, college, or university.
Just as the Canada Council can make grants for either study or research, so the term "fellowship", in ordinary parlance, embraces grants for study or research, inter alia. A distinction must, however, be made for purposes of the Income Tax Act.
It is manifest that research is an essential ele ment or ingredient or technique of study. General ly, the more eminent the station in the academic hierarchy of the student, the higher the quality and greater the quantity of research reasonably to be expected of him. I accept, without reservation, that what the defendant was doing, during 1972, in terms of activity, was research and nothing else.
The Act leaves one to search elsewhere for the meaning of the terms "bursary", "scholarship" and "fellowship" as used in paragraph 56(1)(n) but paragraph 56(1) (o) is explicit. It refers to "any grant received by the taxpayer ... to enable him to carry on research or any similar work." The phrase "or any similar work" may require inter pretation on another occasion but it is not material here. As I have said, the defendant's 1972 activity was research and only research.
In order to bring the receipts within paragraph 56(1)(o), the purpose of the grant must have been to enable the defendant to carry on that research. The key question is the purpose of the payments he received from the Canada Council and not the means adopted, by necessity or choice, to achieve that purpose. If the purpose was the research itself, which is to say, in most cases, not research as an activity for its own sake but for the sake of the novel proposition, anticipated or otherwise, that might ensue upon it, then the grant was made for that purpose and fell within paragraph 56(1)(o). That would be so even if the defendant's advance ment in the academic world was an active, but secondary, objective or an inevitable, but inciden tal, benefit. On the other hand, if the purpose of the grant was to assist the defendant to advance his academic career and the research undertaken was but a means, however essential, to carry out that purpose then the grant was a bursary, scholar ship or fellowship and fell within paragraph 56(1)(n).
Notwithstanding the undisputed quality of the research in this case and the time devoted to it in 1972 to the exclusion of other activities, the object of the grant was not the defendant's contribution to the general body of knowledge on the Italian Communist Party; it was to assist the defendant toward his doctorate. Having regard to the defend ant's level of academic attainment in 1972, the grant was a fellowship and the amounts received by him on its account fell within paragraph 56(1) (n) of the Act.
The appeal is allowed. Section 178(2) of the Act applies to the costs of this action. By agreement, the defendant is allowed his costs which are fixed at $1,500, inclusive of disbursements, in lieu of taxation.
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