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Reasons: The statutory rules for determining when a corporation and a person will be considered related persons for purpose of the Act are set out in paragraph 251(2)(b). ...

If the Roth IRA is not considered a pension plan, the decision in Abrahamson (91 DTC 213) would likely have application to most payments received from a Roth IRA (i.e. the Roth IRA is a non-resident inter-vivos trust- amounts withdrawn from the trust are capital, except for earnings in the year). ...

Can the payments of principal which were "lost" due to the negative affect of the commodity index be considered interest? ...

In a similar vein, you asked whether a "commended worker" of the XXXXXXXXXX would automatically be considered "a regular minister of a religious denomination" in the same manner as XXXXXXXXXX. ...

As noted by you, we have previously considered the question of whether subsection 9(1) or 84(3) of the Act has precedence on the redemption of shares held as inventory. ...

" Therefore for an expense to be considered to be an eligible capital expenditure it has to be incurred on account of capital, in respect of a business and for the purpose of gaining or producing income from the business (whether or not income from the business was actually produced by such outlay or expense). ...

Reasons: The courts have considered whether the payer's cheque would have been honoured by its financial institution and whether the transactions are legally effective. ...

As an example, if the taxpayer wishes to take into account the last 7 years instead of the last 5 years because the earliest two years reflected unusual losses it may be considered unreasonable to take into account these two years. ...

This view is consistent with the comments made by the Court on page 1753 in Oligny that: "the conditions that appear essential for an organization to be considered as a religious order are, in my view, first that the members adhere to the particular rules uniting them in a formal way and that those particular rules governing them be more compelling than those that consist simply in ratifying the beliefs established by the religion or the denomination to which they already belong. ...

By analogy to the case of Alcan Aluminium Limited, 94 DTC 6369 (FCTD) which was recently affirmed by the Federal Court of Appeal, it is arguable that in the taxpayer's first taxation year that ends after December 5, 1996, new paragraph (l) would apply in the calculation of the CCEE amount to exclude any capital cost of any depreciable property of a prescribed class that was considered as "CEE incurred" in taxation years ended before December 6, 1996. ...