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(v) Any Spinco Special Shares that are redeemed by Spinco as aforesaid will for all purposes be considered to have been redeemed on, and will be cancelled concurrently with, the payment of the Spinco Special Share Redemption Amount by Spinco to or for the benefit of the holder thereof. ... (v) Any DC Special Shares that are redeemed by DC as aforesaid will for all purposes be considered to have been redeemed on, and will be cancelled concurrently with, the payment of the DC Special Share Redemption Amount by DC to or for the benefit of the holder thereof. ... For greater certainty, in determining the consolidated, net fair market value of each type of property of DC, the following principles will apply: (i) any tax-related accounts in any corporation (such as deferred income taxes, the balance of non-capital losses and the balance of net capital losses) will not be considered to be property of DC; (ii) the amount of any liability will be its principal amount; (iii) no amount will be considered to be a liability unless it represents a true legal liability which is capable of quantification; (iv) the portion of the long-term debt due within one year will be treated as a current liability; and (v) the liabilities of any corporation in the DC Group will include its respective partnership share of each liability of any partnership of which such entity is a partner. ...

(vi) Any DC Special Shares that are redeemed by DC as aforesaid will for all purposes be considered to have been redeemed on, and will be cancelled concurrently with, the payment of the DC Special Share Redemption Amount by DC to or for the benefit of the holder thereof. ... (j) The Plan of Arrangement provides that any benefit received by DC as a result of the issuance by Spinco of Spinco Stock Options and other employee plan rights will be considered to be non-share consideration paid by Spinco in consideration for the Distribution Property. 92. ... As a result of the Subject Transactions or the Proposed Transactions, in and by themselves, none of DC, Bankco or Spinco will be considered to be a trader or dealer in Canadian resource properties for the purposes of subsection 66(5). ...

The OECD Guidelines state that the issue must be considered from the point of view of both the supplier and the recipient of the service. ... Where the CUP method cannot be applied, the cost plus method should be considered. ... Where based on its attributes a LLC is considered to be a corporation, the LLC is considered to have a legal personality and existence that is distinct from the persons who caused its creation or who own it. ...

(t) For purposes of applying 7(q) above, (i) a Participant who is on an approved leave of absence, paid or unpaid, shall be considered in Relevant Employment; and (ii) any sale or withdrawal of Participant Shares from a Participant's Personal Account shall be deemed to be a sale or withdrawal of the earliest Participant Shares deposited in such account (i.e., first-in first-out basis), however, a Participant may elect to withdraw Dividend Shares or previously awarded Matching Shares from the Participant's Personal Account prior to withdrawing Participant Shares. ... To the best of your knowledge, none of the issues involved in this Ruling are: (i) in an earlier tax return of the Corporation, a Participant or any person related to the Corporation or a Participant; (ii) being considered by a tax services office or tax centre in connection with a previously filed tax return of the Corporation, a Participant or any person related to the Corporation or a Participant; (iii) under objection by the Corporation, a Participant or any person related to the Corporation or a Participant; (iv) before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has expired; nor (v) the subject of a ruling previously issued by the Directorate to the Corporation, a Participant or any person related to the Corporation or a Participant. ...

We understand that to the best of your knowledge and that of the taxpayers on whose behalf this ruling was requested, none of the issues described herein: (i) is in an earlier return of the taxpayer referred to above 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 referred to above or a related person; (iii) is under objection by the taxpayer referred to above or a related person; (iv) is before the courts or, if a judgement has been issued, the time limit for the appeal to a higher court has expired; and (v) is the subject of a ruling previously considered by the Income Tax Rulings Directorate. ...

The paid-up capital of the amalgamated corporation, determined immediately after the amalgamation, will be considered the amount determined under s. 18(4)(a)(ii)(C) in respect of the calendar month in which the amalgamation occurs. 2. ... You have advised us that, to the best of your knowledge and that of the taxpayer involved, none of the issues involved in this ruling request are: (i) in an earlier return of the taxpayer or persons related to the taxpayer; (ii) being considered by a tax services office or taxation centre in connection with a previously filed tax return of the taxpayer or persons related to the taxpayer; (iii) under objection by the taxpayer or persons related to the taxpayer; (iv) before the courts; or (v) the subject of a ruling previously issued by the Income Tax Rulings Directorate. ...

To the best of your knowledge, and that of the taxpayers involved, none of the issues involved in this ruling request is: (i) in a 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 of the CRA. ... The status of XXXXXXXXXX [USCo5] and XXXXXXXXXX ULC [Canco1] as disregarded entities described in Paragraph 12 was necessary so that certain Completed Transactions would be considered disregarded transactions from a US tax perspective (e.g. the liquidation of XXXXXXXXXX [USCo5] into XXXXXXXXXX ULC [Canco1] as described in Paragraph 29). 51. ...

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 return of any 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 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, 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 Directorate to any of the Taxpayers or a related person (other than the Original Ruling). ... For greater certainty when considering the application of section 112, neither New LP, nor any of the LP Partners, will acquire, or be considered to have acquired the Preferred Shares in the ordinary course of business carried on by the respective entity. 22. ...

We understand that, to the best of your knowledge, and that of the taxpayers involved, none of the issues described herein is: (i) in an earlier return of the XXXXXXXXXX, any of its partners or a related person; (ii) being considered by a Tax Services Office or Taxation Centre in connection with a previously filed return of the XXXXXXXXXX, any of the its partners or a related person; (iii) the subject of any notice of objection; (iv) before the courts or, if a judgment has been issued, the time limit for appeal has not expired; or (v) the subject of a previously issued ruling. ... For greater certainty when considering the application of section 112, neither New LP, nor any of the LP Partners, will acquire, or be considered to have acquired the Preferred Shares in the ordinary course of business carried on by the respective entity. 21. ...

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 person related to the taxpayers; (ii) being considered by a tax services office or taxation centre in connection with a previously filed tax return of the taxpayers or a person related to the taxpayers; (iii) under objection by the taxpayers or a person related to the taxpayers; (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. ... For greater certainty, the Proposed Transactions, in and of themselves, will not be considered to result in any disposition or significant increase in interest described in subparagraphs 55(3)(a)(i) to (v). ...