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We understand that, to the best of your knowledge and that of the Taxpayers, none of the Proposed Transactions or issues involved in this Ruling are the same as or substantially similar to transactions or issues that are: (i) in a previously filed tax return of the Taxpayers or a related person and: (a) being considered by the CRA in connection with such tax return; (b) under objection by the Taxpayers or a related person; or (c) the subject of a current or completed court process involving the Taxpayers or a related person; or (ii) the subject of a ruling request previously considered by the Income Tax Rulings Directorate. ...

You have advised that to the best of your knowledge, and that of the taxpayer involved, none of the issues contained herein is: (a) in an earlier tax return of the taxpayers or a related person; (b) being considered by a Tax Services Office or Taxation Centre in connection with any tax return previously filed by the taxpayers or a related person; (c) under objection or appeal by the taxpayers or a related person; (d) before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has expired; or (e) the subject of a ruling previously issued by the Income Tax Rulings Directorate. ... XXXXXXXXXX “Net Fair Market Value” means, in respect of any property, the net fair market value of that property determined on a consolidated basis in accordance with all administrative policies of the CRA in effect at the time of the DC Share Exchange and, in determining Net Fair Market Value, the following principles will apply: (a) 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 that corporation; (b) the amount of any liability will be its principal amount; (c) no amount will be considered to be a liability unless it represents a true legal liability which is capable of quantification; (d) the portion of the long-term debt due within one year will be treated as a current liability; and (e) liabilities of a corporation will include its respective partnership share of each liability of any partnership of which such corporation is a partner. ... Upon the amalgamation of DC and DC Sub 1, as described in Paragraph 83: (a) the provisions of section 87 will apply in respect of DC and DC Sub 1; (b) provided that the DC New SV Shares (or the DC New MV Shares, as the case may be) are held by a particular holder thereof as capital property, the provisions of subsections 87(4) will apply to such holder, other than paragraphs 87(4)(c) to (e), such that the holder will be considered to have received Amalco SV Shares (or Amalco MV Shares) in consideration for the disposition by such holder of the DC New SV Shares (or the DC New MV Shares) for POD equal to, and to have acquired the Amalco SV Shares (or the Amalco MV Shares) at a cost equal to, the ACB to the holder of such DC New SV Shares (or DC New MV Shares) immediately before the amalgamation; and (c) Amalco will be deemed to be a public corporation at the commencement of its first taxation year pursuant to paragraph 87(2)(ii). ...

In the appendices, the following is provided: an overview of U.S. estate tax (Appendix A), a discussion of paragraphs 1, 2, 3 and 4 of Article XXIX B (Appendix B), some examples of U.S. situs property and property not considered to be situated in the U.S. ... Income which may otherwise be considered U.S. source but which the U.S. does not have right to tax under the Convention is not included. ... " 22 It appears that options on such stock are also considered to be U.S. situs property. ...

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 request are: (i) in an earlier return of the taxpayer or a related person; (ii) being considered by a tax services office ("TSO") or taxation centre ("TC") 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 not expired; or (v) the subject of a ruling previously issued by the Income Tax Rulings Directorate. ... For greater certainty, as a result of the merger of Newco1 and SpinCo, all of the shareholders of SpinCo immediately before the merger, will, pursuant to subsection 87(1.1), be considered to have received shares of the capital stock of Amalco for the purposes of paragraph 87(1)(c). 57. ... The DC New Common Shares were issued with a conversion feature to ensure that on the exchange described in Paragraph 43 the holders of DC Common Shares would be considered to have disposed of their shares. ...

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 tax return of the taxpayers or of 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 of a related person; (iii) under objection by the taxpayers or by a related person; (iv) the subject of a ruling previously issued by the Income Tax Rulings Directorate of the Canada Revenue Agency ("CRA") to the taxpayers or to a related person; nor (v) before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has expired. ...

We understand that to the best of your knowledge and that of the taxpayer involved none of the issues involved in the requested ruling is: (i) in an earlier return of a taxpayer identified in this document or of a related person, (ii) being considered by any Tax Services Office or Taxation Centre of the CRA in connection with a tax return already filed, (iii) under objection by a taxpayer identified in this document or by a related person; (iv) is before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has not expired; and (v) is the subject of a previously issued ruling. ...

To the best of your knowledge, and that of the taxpayer involved, none of the issues involved in this ruling request is: (i) dealt with in a return of the above-referenced 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 above-referenced taxpayer or a related person; (iii) under objection by the above-referenced 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 of the CRA. ...

(version anglaise) 22. (1) Paragraph 53(1)(b) of the Act is replaced by the following: (b) where the property is a share of the capital stock of a corporation resident in Canada, the amount, if any, by which (i) the total of all amounts each of which is the amount of a dividend on the share deemed by subsection 84(1) to have been received by the taxpayer before that time exceeds (ii) the portion of the total determined under subparagraph (i) that relates to dividends in respect of which the taxpayer was permitted a deduction under subsection 112(1) in computing the taxpayer's taxable income, except any portion of the dividend that, if paid as a separate dividend, would not be subject to subsection 55(2) because the capital gain referred to in that subsection could reasonably be considered not to be attributable to anything other than income earned or realized by any corporation after 1971 and before the safe-income determination time for the transaction or event or series of transactions or events as part of which the dividend was received. ...

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 taxpayers 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; or (iv) is before the courts or, if a judgement has been issued, the time limit for an appeal has not expired. ...

In the past, the CRA has generally considered the cash surrender value (CSV) of an insurance policy as being "cash or near cash" property. ...