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Admittedly, the CRA might have considered it to represent a change if it had been asked 15 years ago, but the new wording accords with CRA’s current positions. ...

He also found that there was no avoidance transaction, stating that the taxpayers “undertook the Transactions to effect the sale of their shares in the subsidiaries to WTC on a tax efficient basis” and that there was “no evidence to suggest that in 2006 the Appellants considered the application of section 160 and took steps to avoid the application of that provision.” ...

X would be beneficially interested in the deemed trust under s. 248(3)(d), she could be considered a specified beneficiary as defined in s. ...

(a)(ii) of the CDA computation 2006-10-13 14 September 2006 External T.I. 2006-0167861E5 F- Frais de représentation Income Tax Act- Section 67.1- Subsection 67.1(2)- Paragraph 67.1(2)(a) taxpayer is not considered to receive compensation for restaurant bills where they are included in its estimates but not explicitly in its invoices Income Tax Act- Section 67.1- Subsection 67.1(2)- Paragraph 67.1(2)(c) "specifically notified in writing" requirement is not satisfied where restaurant bills are included in fee estimates to clients but not explicitly in the ultimate invoices 3 October 2006 Internal T.I. 2006-0208161I7 F- Projet pilote- Alternative jeunesse Income Tax Act- Section 56- Subsection 56(1)- Paragraph 56(1)(u) Quebec youth alternative payments are social assistance 2 October 2006 Internal T.I. 2006-0168081I7 F- Actions d'une société en faillite Income Tax Act- Section 50- Subsection 50(1)- Paragraph 50(1)(b)- Subparagraph 50(1)(b)(i) s. 50(1)(b)(i) satisfied if notice of intention under BIA does not lead to timely filing of proposal – but election must be filed for that rather than subsequent year Income Tax Act- Section 50- Subsection 50(1)- Paragraph 50(1)(b)- Subparagraph 50(1)(b)(iii) if s. 50(1)(b)(iii) conditions are satisfied in a year, the election can be made in a subsequent year – but not if the corporation was a bankrupt in the first year 25 September 2006 External T.I. 2006-0169371E5 F- Résidence principale-Détermination du PBR Income Tax Act- 101-110- Section 107- Subsection 107(1)- Paragraph 107(1)(a) relinquishing to their father by the children of the bare ownership in a residence subject to a usufruct of their father resulted in a deemed trust interest disposition with a gain equal to the residence’s appreciation 3 October 2006 External T.I. 2006-0203911E5 F- Allocations pour l'usage d'un véhicule à moteur Income Tax Act- Section 6- Subsection 6(1)- Paragraph 6(1)(b)- Subparagraph 6(1)(b)(vii.1) travel from home to attend service calls not in the course of employment 21 September 2006 External T.I. 2005-0147821E5 F- Utilisation d'un véhicule Income Tax Act- Section 6- Subsection 6(1)- Paragraph 6(1)(e) standby benefit where vans available to foremen during after hours 2006-09-29 1 August 2006 External T.I. 2005-0125431E5 F- Donation rémunératoire et vente à rabais Income Tax Act- Section 248- Subsection 248(31) must be a donative intent for there to be a remunerative gift 20 September 2006 External T.I. 2006-0166541E5 F- Revenu d'emploi hors réserve gagné par un Indien Other Legislation/Constitution- Federal- Indian Act- Section 87 employer is a connecting factor if all its members are on the reserve 19 September 2006 External T.I. 2006-0170861E5 F- Contrat de rente différé et perte courue Income Tax Act- Section 148- Subsection 148(9)- Adjusted Cost Basis ACB does not reflect the income for the anniversary year if disposition of interest occurs immediately after the anniversary day Income Tax Regulations- Regulation 307- Subsection 307(1)- Paragraph 307(1)(b) overview of Reg. 307(1)(b) ...

In the absence of s. 79, the better view is that the acquisition by CreditBidCo is to be considered as a barter exchange, so that the proceeds of disposition to the debtor, the tax cost of the assets to CreditBidCo, and the repayment of the secured debt for s. 80 purposes reflect the assets’ current FMV. ...

Côté J, for the majority, considered this to be contrary to a proper appreciation of the nature of the bargain that Canada had struck under the Treaty. ...

., the Court apparently considered that the characterization of the income inclusion does not matter so long as the transactions at issue do not result in the creation or preservation of PUC contrary to the intention of the Act. ...

For example, there should not be considered to be a deemed depletion of value if: Shares of a corporation (Holdco) purchased for FMV consideration by the future tax debtor from the non-arm’s length (NAL) seller become worthless as part of the series due to a dividend-in-kind by Holdco to such future tax debtor of all its assets (i.e., shares of Opco); or The tax debtor assigns a note, equaling the FMV of assets sold by it to the NAL purchaser, to that purchaser’s parent, for FMV consideration, followed by a cancellation of that debt on a s. 88(1) wind-up. ...

He considered that, normatively, 3295940 should have been caused by s. 55(2) to have realized a capital gain of $31.5M on Step 4. ...

Expense- Current expense vs. capital acquisition costs of integrating targets that were on-charged to them after closing were currently deductible to parent 3 August 2004 Internal T.I. 2004-0077991I7 F- Allocations d'aide à domicile reçues de la SAAQ Income Tax Act- Section 3- Paragraph 3(a) insurance proceeds to compensate for parent’s home care services provided to disabled son were non-taxable Income Tax Act- Section 152- Subsection 152(1) CRA applies changes to its position as a result of taxpayer-friendly judgments effective to post-judgment assessments 2004-08-13 12 July 2004 Internal T.I. 2004-0077981I7 F- Dédommagement-Régime de pension Income Tax Act- Section 3- Paragraph 3(a) lump sum settlement of pension claim was non-taxable 2004-08-06 27 July 2004 External T.I. 2004-0077581E5 F- Transfert d'un REÉR à une fiducie Income Tax Act- Section 146- Subsection 146(2)- Paragraph 146(2)(b.4) qualifying RRSP cannot have a trust as the annuitant Income Tax Act- Section 146- Subsection 146(12) transfer by an individual of his RRSP to a trust set up for his exclusive benefit would engage s. 146(12)(b) Income Tax Act- Section 146- Subsection 146(1)- Retirement Savings Plan listing of qualified issuers 30 July 2004 External T.I. 2004-0063811E5 F- Soutien administratif à une filiale Income Tax Act- Section 37- Subsection 37(8)- Paragraph 37(8)(a)- Subparagraph 37(8)(a)(ii)- Clause 37(8)(a)(ii)(A) parent can use traditional method while subsidiary uses proxy method Income Tax Act- Section 37- Subsection 37(13) administrative support tasks of the parent respecting SR&ED activities of its subsidiary would not be considered SR&ED of the parent 3 August 2004 External T.I. 2004-0066431E5 F- Contrat de rente et fiducie Income Tax Act- Section 75- Subsection 75(2) "by a trust" includes any transaction performed by the trustees 30 July 2004 External T.I. 2004-0083841E5 F- Développement informatique Income Tax Act- Section 13- Subsection 13(21)- Undepreciated Capital Cost- A whether an interest in software has been acquired is determined under common or civil law ...