22 July 1992, T.I. 920736 (March 1993 Access Letter, p. 71, ¶C56-219)

S.75(2) can be considered to be applicable even if there has been no income attribution by the trust to the settlor under that provision.

Where unanimity was required in respect of any decision by the two trustees of a trust and the settlor was a trustee, s. 75(2)(b) would apply.

S.75(2)(b) also will apply where loan proceeds were used to acquire property from a parent, and the parents controlled the trust property as trustees or under the terms of the loan.