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The Court also found that the payment was motivated primarily by considerations extraneous to the employment, namely, public and labour relations considerations. ... The Tax Court found that the amount was not taxable and allowed the appeal on the basis that:-     the payment was not an allowance but partial reimbursement of increased housing costs;-     the payment could not reasonably be regarded as consideration for entering into the contract of employment, notwithstanding that he found that the amount was part of the remuneration package;-     the taxpayer did not receive a benefit, as he was in no better position. ... The judge dismissed the appeal finding that the payment was taxable since it resulted from an obligation under the agreement with the employer, and was received as consideration for accepting the office within the provisions of paragraphs 6(3)(b) and (c) of the Act. ...

The material included with your correspondence indicates that each $XXXXXXXXXX investment unit which was offered and issued by XXXXXXXXXX entitled investors to the following: XXXXXXXXXX XXXXXXXXXX In our view, the entitlements in 2 to 5 above cause the issued flow- through shares to be prescribed shares pursuant to subparagraph 6202.1(1)(b)(iii) and (iv) of the Income Tax Regulations (the "Regulations") with respect to the XXXXXXXXXX Regulation 6202.1(1)(c)(ii) would also be applicable with respect to the income and dividend distributions related to the XXXXXXXXXX In addition, Regulation 6202.1(1)(d)(iii) is applicable with respect to the cash and benefits related to the entitlements that clearly represent a repayment or return of consideration for which the flow- through shares were issued. ...

Unfortunately, the taxpayer's argument that "a truck driver is a truck driver" is given secondary consideration in these circumstances. ...

We, however, offer the following comments for your consideration. Regulation 5000(1) provides that shares of a mutual fund corporation and units of certain investment trusts will not be foreign property for the purposes of Part XI of the Income Tax Act (the "Act") in respect of a particular month provided the trust or corporation has not acquired any foreign property after June 30, 1971 or if at no time during its "relevant period for the particular month" has the cost amount of its foreign property exceeded 20% of the cost amount of all its property. ...

In our telephone conversation of July 31, 1990 you stated, as a point of clarification, that one of the changes under consideration was a change from an ordinary life plan to an adjustable single premium life plan. ...

6 September 1991 Administrative Letter 911626 F- RRSP Contributions Unedited CRA Tags 60(j.2) Re: RRSP Contributions Pursuant to our telephone conversation with you on August 21, 1991, we are referring the enclosed correspondence for your consideration.  ...

For example, subsection 110.6(7) of the Act may apply, depending on the facts of a particular situation, to deny a capital gains deduction claimed by a shareholder who is an individual in respect of the capital gain realized as a result of the application of paragraph 69(1)(b) of the Act because the corporation could be considered to have acquired its own shares for consideration that is significantly less than their fair market value at the time of acquisition, notwithstanding that the shareholder is deemed by paragraph 69(1)(b) to have disposed of his shares for proceeds of disposition equal to their fair market value. ...

In order for a particular DRDP to qualify as a PHSP, as defined, the plan implemented by an employer on behalf of its employees must be in the nature of insurance and must contain the following elements as set out in paragraph 3 of IT-339R2: (i)     an undertaking of one person,  (ii)     to indemnify another person, (iii)      for an agreed consideration, (iv)      from a loss or liability in respect of an event, (v)      the happening of which is uncertain. ...

In your letter please provide details of the payment, outline the reasons for the late payment and request consideration for cancellation under the fairness provisions. ... We will use this in our consideration of waiving the late penalty and interest under the fairness provisions. ... We will use this to in our consideration of waiving the late penalty and interest under the fairness provisions. ...

DEPARTMENT'S POSITION Paragraph 3 of the Special Release to IT-110R2 states: "a gift for purposes of sections 110.1 and 118.1 is a voluntary transfer of property without valuable consideration". ...