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.- Q.19-- summary under Paragraph 12(1)(x) Summary Under Tax Topics- Income Tax Act- Section 12- Subsection 12(1)- Paragraph 12(1)(x) It is a question of fact whether a contribution of capital by a shareholder to a corporation to fund the acquisition of a capital asset can reasonably be considered to be made for the purpose of acquiring an interest described in s. 12(1)(x)(viii). ...

Profit- Shares Where the transfer of assets under section 85 followed by a sale of shares is simply an attempt to convert what would otherwise be an income gain to a capital gain, the profit on the sale of the shares will be considered to be "income. ...

.- Q.47-- summary under Subsection 37(1) Summary Under Tax Topics- Income Tax Act- Section 37- Subsection 37(1) Disposition of a capital property a short time after its acquisition will be considered as evidence that the property was not acquired wholly for purposes of undertaking scientific research. ...

Annual Conference, Q. 4 (January- February 1993 Access Letter, p. 51)-- summary under Subsection 50(1) Summary Under Tax Topics- Income Tax Act- Section 50- Subsection 50(1) Given that the dictionary meaning of "insolvent" refers to incapability of paying debts, a corporation that has neither assets nor debt cannot generally be considered to be insolvent. ...

.- Q.48-- summary under Regulation 2902 Summary Under Tax Topics- Income Tax Regulations- Regulation 2902 A partnership which intends to exploit technology developed by it will not ne considered to derive "all or substantially all" of its revenue from the prosecution of scientific research or the sale of rights in or arising out of scientific research. ...

.- Q28-- summary under Subparagraph 251(2)(b)(i) Summary Under Tax Topics- Income Tax Act- Section 251- Subsection 251(2)- Paragraph 251(2)(b)- Subparagraph 251(2)(b)(i) partnership as person A partnership is considered to be a person when the computation of income at the partnership level is involved. ...

6 September 2000 Headquarters Letter RITS 25829-- summary under Residential Unit Summary Under Tax Topics- Excise Tax Act- Section 123- Subsection 123(1)- Residential Unit "Long-term care centres, nursing homes, long-term beds in hospitals, long-term health institutions, are also considered places of residence if most or all of the main factors listed above are indicative of being the individual's place of residence. ...

5 September 1991 Memorandum (Tax Window, No. 10, p. 17, ¶1474)-- summary under Qualified Construction Equipment Summary Under Tax Topics- Income Tax Act- Section 127- Subsection 127(9)- Qualified Construction Equipment A truck equipped with a crane or steam shovel normally would be considered to be automotive equipment, and only the crane or steam shovel will itself be qualified construction equipment. ...

.- Q.19-- summary under Term Preferred Share Summary Under Tax Topics- Income Tax Act- Section 248- Subsection 248(1)- Term Preferred Share "We acknowledge that paragraph (h) is not applicable for cases where the guarantee agreement could be considered to relate only to earnings to be derived by reason of the ownership, holding or disposition of the share. ...

.- Q.23-- summary under Regulation 1211 Summary Under Tax Topics- Income Tax Regulations- Regulation 1211 Where a Crown lease rental that otherwise qualifies as a prescribed amount in accordance with Regulation 1211(d) is prepaid for a five-year period, the amount of the prepayment that relates to each year of the prepaid period will be considered to be the amount that "became payable" during that year. ...