Principal Issues: Whether: (1) foreign exchange gain realized when debt assumed by purchaser as part consideration for assets; (2) addition of purchaser as debtor to the existing agreement under State of XXXXXXXXXX law would result in a disposition of debt by the creditor for purposes of subparagraph 212(1)(vii); (3) proposed transactions caused interest previously deductible to no longer be deductible under paragraph 20(1)(c); (4) the general anti-avoidance provision applied?
Position: (1) Yes; (2) No; (3) No; (4) No
Reasons: (1) the debt that was assumed represented part of proceeds of disposition for the assets sold and a foreign exchange gain crystallized vis-a-vis the transferor of the debt at that time; under State of XXXXXXXXXX law, no disposition occurred; (2) under the laws of the State of XXXXXXXXXX , there was no novation or disposition of the debt; (3) to extent interest was deductible for purposes of paragraph 20(1)(c), proposed transactions did not cause interest expense to no longer be deductible under that provision; (4) although the transactions are avoidance transactions, there is no misuse or abuse.
XXXXXXXXXX 2007-025249
XXXXXXXXXX , 2007