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We do not believe that a reimbursement of tuition fees by Revenue Canada to Revenue Canada employees pursuing a professional accounting designation can be considered to be "an amount received by the student as or on account of a scholarship, fellowship or bursary, or a prize for achievement in a field of endeavour ordinarily carried on by the student" nor does the reimbursement fall into the situation described in subparagraph 118.6(2)(a)(ii) of the Act. ...

He then went on to determine if either of the institutions in question could be considered a "religious order" for the purposes of this provision. ...

Reasons FOR POSITION TAKEN: It is considered to be an advance and included pursuant to paragraph 181.2(3)(c). ...

In addition, it is your view that, as there is no business purpose for the fees, they would not be deductible from income by virtue of paragraph 18(1)(a) and would not be considered an eligible capital expenditure as defined in subsection 14(5). ...

Periodic payments with respect to personal injury awards are regarded as non-taxable where the settlement agreement or order indicates that the damages are to be paid in that manner (such payments are not considered to be annuity payments for the purposes of the Act); however, an annuity contract which is purchased by the claimant or the claimant's representative with the proceeds of a lump sum award received for damages for personal injury or death is an annuity contract for all purposes of the Act. 2.General damages when paid, and as discussed in paragraph 2 of Interpretation Bulletin IT-265R2, may include an amount for "pain and suffering". ...

As a result, it does not vest with the employee and cannot be considered a right or thing. ...

It is our view that where the concentration account transfers create legally effective obligations and where the balance sheet of a corporation, prepared in accordance with GAAP, reflect those intercompany obligations that the obligations would be considered as loans and advances for purposes of subsections 181.2(3) and (4) of the Act. ...

Your Position In your opinion, the legal fees cannot be considered to be an allowable business investment loss, since they were not incurred for the purpose of generating income. ...

Even if the loans could be considered to have been received by virtue of the U.S. parent's shareholding, we believe that paragraph 80.4(3)(a) would apply to exempt the loans from subsection 80.4(2). ...

Accordingly, in our view the obligation between the lessor and lessee would be considered to retain its character as a lease with the result that no amount with respect to the lease obligation would be included in the capital of the lessee pursuant to subsection 181.2(3) of the Act nor would any amount of that obligation qualify for an investment allowance to the lessor by virtue of subsection 181.2(4). ...