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The wording in the preamble to subsection 164(1) is almost identical to the words in subsection 129(1) that were considered in Bonnybrook. ... The ConocoPhillips case considered whether subsection 220(2.1) could be utilized to allow a taxpayer to waive the requirement to file a notice of objection. ... These additional reassessing provisions do not appear to apply to general operating expenses, and are considered to be irrelevant for the purpose of this analysis. ...

To the best of your knowledge and that of the taxpayers involved, none of the issues contained in this ruling request are: (i) dealt with in an earlier return of the taxpayers or related persons; (ii) being considered by a tax services office or taxation centre in connection with a previously filed tax return of the taxpayers or related persons; (iii) under objection by the taxpayers or related persons; (iv) subject to a ruling previously issued by the Income Tax Rulings Directorate; or (v) before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has expired. ... The assignment or assumption of the Loan Agreement as described in paragraph 29 will not, in and by itself, cause a Loan which is assigned from one Lender to another Lender to be considered a new obligation for the purposes of subparagraph 212(1)(b)(vii) of the Act. ...

We understand that, to the best of your knowledge and that of the taxpayers, none of the issues involved in the ruling request is: (i) in an earlier tax return of the taxpayers or of any related persons; (ii) being considered by a tax services office or a tax centre in connection with a tax return already filed by the taxpayers or by any related persons; (iii) under objection by the taxpayers or any related persons; (iv) before the courts; or (v) the subject of a ruling previously issued by the Directorate to the taxpayers or to any related persons. ... Comments/Caveats Nothing in this letter should be construed as implying that the CRA has reviewed, confirmed or otherwise considered, in the context of issuing this letter: i. ...

We understand that to the best of your knowledge and that of the Taxpayers, none of the issues involved in the ruling request is: (i) is in an earlier return of any of the Taxpayers or a related person; (ii) is being considered by a tax services office or a taxation centre in connection with any previously filed tax return of any of the Taxpayers or a related person; (iii) is under objection by any of the Taxpayers or a related person; is before the courts, or if a judgment has been issued, the time limit for appeal to a higher court has expired; or (iv) the subject of a ruling previously issued by the Directorate to any of the Taxpayers or a related person. ... For greater certainty, the Proposed Transactions, in and by themselves, will not be considered to result in any disposition of property to, or increase in interest by, an unrelated person described in any of subparagraphs 55(3)(a)(i) to (v). ...

We understand that to the best of your knowledge and that of the taxpayers involved, none of the issues described herein is: (i) dealt with in an earlier return of the taxpayers or a related person, (ii) being considered by a tax services office or taxation centre in connection with a previously filed tax return of the taxpayers or a related person, (iii) under objection by the taxpayers or a related person, (iv) before the courts or if a judgment has been issued, the time limit for appeal to a higher court has expired, or (v) the subject of a ruling previously issued by the Income Tax Rulings Directorate. ... To the extent that a portion of the Cdn Beneficiary's capital interest to be distributed can reasonably be considered to relate to a deemed taxable dividend received by the Trust (whether an eligible dividend or non eligible dividend), the trustees will pass a resolution for all or a portion of the balance to be distributed as an eligible dividend to the extent of eligible dividends received by the Trust in Paragraph 38 and as a non-eligible dividend for any remainder. ...

To the best of your knowledge and that of the taxpayers involved, none of the issues involved with this request: (i) is involved in an earlier return of the taxpayer or a Related Person; (ii) is being considered by a tax services office or a taxation centre in connection with a tax return already filed by the taxpayer or a Related Person; (iii) is under objection by the taxpayer or a Related Person; or (iv) is before the courts or, if a judgment has been issued, the time limit for appeal has not expired. ... Nothing in this letter should be construed as implying that the CRA has considered, examined, agreed to or ruled on whether transfer pricing practices of entities in this letter are in accordance with section 247, or whether subsection 247(2) applies to the transactions described in this Ruling letter, except to the extent addressed by ruling L. ...

We understand that, to the best of your knowledge and that of the taxpayers, none of the issues involved in the ruling request is: (i) in an earlier tax return of the taxpayers or a related person; (ii) being considered by a tax services office or a tax centre in connection with a tax return already filed by the taxpayers or a related person; (iii) under objection by the taxpayers or a related person; (iv) before the courts or, (v) the subject of a ruling previously issued by the Directorate to the taxpayers or a related person. ... For greater certainty, the CRA has not considered, confirmed or made a determination in respect of: (a) whether Subco is, at any particular time, a XXXXXXXXXX as defined in subsection 248(1); (b) whether Trust I is, at any particular time, XXXXXXXXXX within the XXXXXXXXXX as defined in subsection 248(1); (c) whether the transfer of properties described in paragraphs 15, 17, 22 and 24, will meet the requirements under subsection 97(2); (d) whether the proposed amalgamation of Subco and Parent, as described in paragraph 39, will meet the requirements under section 87; (e) whether the principal amount and the FMV of the debt on the proposed distribution of the Subco Loan and the Subco Note by Trust I will equal the principal amount and the FMV of the debt outstanding at that time by Subco; (f) whether New XXXXXXXXXX will, at any time, be a XXXXXXXXXX; and (g) any income tax considerations associated with the additional information, as described in paragraphs 43 to 45 above. ...

Royalties, which are akin to rental payments, have invariably been considered as income since they are either based on the degree of use of the right or on the duration of the use, while a lump sum payment for the absolute transfer of a right, without regard to the use to be made of it, is of its nature considered a capital payment, although it may of course be taxable as income in the hands of the recipient if it is part of that taxpayer's regular business. ...

Royalties, which are akin to rental payments, have invariably been considered as income since they are either based on the degree of use of the right or on the duration of the use, while a lump sum payment for the absolute transfer of a right, without regard to the use to be made of it, is of its nature considered a capital payment, although it may of course be taxable as income in the hands of the recipient if it is part of that taxpayer's regular business. » (Notre soulignement) 18. ...

We understand that to the best of your knowledge and that of the taxpayer involved, none of the issues described herein is: (i) dealt with in an earlier return of the taxpayer or a related person, (ii) being considered by a tax services office or taxation centre in connection with a previously filed tax return of the taxpayer or a related person, (iii) under objection by the taxpayer or a related person, (iv) before the courts or if a judgment has been issued, the time limit for appeal to a higher court has expired, or (v) the subject of a ruling previously issued by the Income Tax Rulings Directorate (other than Ruling no. 2009-032021). ... The Guarantee Rights will not be considered as property acquired in substitution for Distributed Property at common law or as a result of the application of subsection 248(5). 45. ...