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We understand that to the best of your knowledge and that of XXXXXXXXXX/Aco, XXXXXXXXXX/Bco, and XXXXXXXXXX /Cco none of the issues contained herein: (a) is in an earlier return of XXXXXXXXXX/Aco, XXXXXXXXXX/Bco, XXXXXXXXXX/Cco or a related person; (b) is being considered by a tax services office or taxation centre in connection with a previously filed tax return of XXXXXXXXXX/Aco, XXXXXXXXXX/Bco, XXXXXXXXXX/Cco or a related person; (c) is under objection by XXXXXXXXXX/Aco, XXXXXXXXXX/Bco, XXXXXXXXXX/Cco or a related person; (d) is before the courts or, (e) is the subject of a ruling previously issued by the Income Tax Rulings Directorate. ... For greater certainty: (a) any tax accounts, such as the balance of any RDTOH or capital dividend account of XXXXXXXXXX/Aco or any corporation over which XXXXXXXXXX/Aco has significant influence will not be considered property for purposes of the Butterfly Transfer; and (b) the portfolio investments and the advances from affiliated companies will be classified as investment property for the purposes of the Butterfly Transfer. 15. ...

Throughout this letter the corporate and individual taxpayers will be referred to as follows: XXXXXXXXXX Aco XXXXXXXXXX Daughter 1 XXXXXXXXXX Daughter 2 XXXXXXXXXX Father To the best of your knowledge, and that of the taxpayers named herein, none of the issues involved in this advance income tax ruling request is under objection or appeal or is being considered by any tax services office or taxation centre of the Canada Customs and Revenue Agency in connection with any income tax return already filed. ... For greater certainty, any tax accounts, such as the balance of RDTOH, pre-1972 CSOH or capital dividend account of Aco, will not be considered property for purposes of the proposed transactions described herein. 22. ...

To the best of your knowledge, and that of the taxpayers involved, none of the issues contained herein is: (i) dealt with in an earlier return of one 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 one of the taxpayers or a related person; (iii) under objection by one of the taxpayers or a related person; (iv) subject to a ruling previously issued by the Income Tax Rulings Directorate; or (v) before the courts or, if a judgement has been issued, the time limit for appeal to a higher court has not expired. ... Comments Nothing in this letter should be considered as confirmation of the income tax consequences of any of the transactions described in this letter other than as specifically described. ...

You have advised us that to the best of your knowledge and that of the taxpayers involved none of the issues involved in this ruling: (a) is in an earlier return of the taxpayer or a related person; (b) is 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; (c) is under objection by the taxpayer or a related person; (d) is before the courts or, if a judgement has been issued, the time limit for appeal to a higher court has not expired; or (e) is the subject of a ruling previously issued by the Income Tax Rulings Directorate. ... For greater certainty, the proposed transactions described in paragraphs 6 to 15 above, in and by themselves, will not be considered to result in any of the events described in subparagraph 55(3)(a)(i) to (v). ...

You have advised that to the best of the knowledge of the taxpayers and yourselves: (i) none of the issues involved in this ruling is under objection or appeal or is being considered by any district taxation offices or taxation centres of the Agency in connection with a tax return already filed; and (ii) none of the issues involved in the rulings is the subject of any notice of objection or is under appeal. ... Provided that Opco elects in the manner described in subsection 1103(2d) of the Regulations, Opco will be considered to have transferred a particular property included in class 2, 3, 6, 24, 27, 29, 34 or 39 to the "present class", within the meaning of that expression in subsection 1103(2d), in relation to the particular property, before the disposition of such assets to Sub1, as described in Paragraph 28. ...

We understand that, to the best of your knowledge and that of the taxpayers involved, none of the issues involved in this ruling request: (i) is in an earlier return of the taxpayer or a related person; (ii) is being considered by a tax services office or taxation centre in connection with a previously filed income tax return of the taxpayer or a related person; (iii) is under objection by the taxpayer or a related person; (iv) is before the courts; or (v) is the subject of a ruling previously issued by the Income Tax Rulings Directorate to the taxpayer or a related person. ... For greater certainty, DC does not expect to have any business property at the time of the proposed transactions and any tax accounts such as the balance of any RDTOH or CDA of DC will not be considered property for purposes of the proposed transactions described herein. ...

To the best of your knowledge and that of any of the Taxpayers, none of the issues involved in this ruling request is: (i) involved in an earlier return of any 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 any of the Taxpayers or a related person; (iii) under objection by any of the Taxpayers or a related person; (iv) before the courts; or (v) the subject of a ruling previously issued by the Income Tax Rulings Directorate. ... For greater certainty, any tax accounts, such as the balance of any non-capital losses, RDTOH or CDA of Holdco, will not be considered to be property for purposes of the proposed transactions described herein. 20. ...

We understand that, to the best of your knowledge and that of the taxpayers involved, none of the issues involved in this ruling: (i) is in an earlier return of the taxpayer or a related person; (ii) is 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) is under objection by the taxpayer or a related person; (iv) is before the courts; or (v) is the subject of a ruling previously issued by the Income Tax Rulings Directorate to the taxpayer or a related person. ... For greater certainty, any tax accounts, such as the balance of RDTOH, will not be considered property for purposes of the proposed transactions. 22. ...

PAYMENTS TO A FORMER PARTNER IN RESPECT OF GOODWILL AND WORK IN PROGRESS Work in progress and goodwill, like other properties of a partnership, are considered to be owned by the partnership for tax purposes. ... With regard to the prescribed amount, when a judge is in receipt of a salary under the Judges Act at any time in a particular year, the lesser of the amount, if any, by which 18% of this salary for the year exceeds $1,000 and the money purchase limit for the particular year is considered to be the prescribed amount in respect of the judge for the immediately following year. ...

Position: Unitholders are not considered to have disposed of their units; there is no resettlement of the existing trusts due to the proposed amendments; 104(7.1) does not apply; There is no benefit or advantage to unitholders as a result of the proposed transactions. ... We understand that, to the best of your knowledge, none of the issues involved in this ruling request are: (a) in an earlier return of the taxpayer or a related person; (b) being considered by a tax services office and/or a tax centre in connection with a tax return previously filed by the taxpayer or a related person; (c) under objection by the taxpayer or a related person; (d) before the courts; or (e) the subject of a ruling previously issued by this Directorate to the taxpayer or a related person with the exception of ruling #952451. ...