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In our view the tailings also cannot be considered a "source" within the context of the phrase "mineral deposits, sources and other natural resources".  The use of the word "other" in this context implies that the word "natural" should be considered to modify not only "resources" but also "sources".  ... Therefore the tailings in question cannot be considered a mineral resource.  ...

Your Views In your view, on the Amalgamation, XXXXXXXXXX ACB of the Partnership Interest should be considered to be the amount that was the ACB of that interest to the predecessor corporation, which previously held that interest, immediately before the amalgamation. Based on cases like Black and Decker (1975) 1 SCR 411 and Guaranty Properties 90 DTC 6363 (FCA), it is your view that XXXXXXXXXX should be considered to be a continuation of its predecessor corporations and therefore should be considered to have, itself, made the same adjustments to the ACB of the Partnership Interest that were made under subsection 53(2) of the Income Tax Act (the "Act") (all statutory references in this memorandum are to the Act) by the predecessor corporation which previously held that interest. ... In a technical interpretation dated January 16, 1985 the Department advised another taxpayer that, in a similar fact situation, the ACB of the amalgamated corporation's partnership interest should be considered to be nil at the time of its disposition. ...

Where the intended use of the funds was not a legitimate investment for the purpose of earning income, the better view appears to be that such funds would be considered PUP of the taxpayer. ... The personal funds of an individual would generally be considered to be capital property, as opposed to property held on account of income. ... For instance, in Technical Interpretation 2009-0317891I7 – Treatment of Loss on Asset Paid for but Not Delivered the CRA said: “We have previously considered issues concerning the deductibility of losses by investors who had been victimized by fraud or a scam. ...

8 January 2025 Internal T.I. 2024-1032871I7- Payee for purposes of paragraph 153(1) Unedited CRA Tags 56(1)(a), (x) to (z), 56(2), 153(1), 153(1)(q), Regulations 100, 102 and 200 Principal Issues: Application of subsection 153(1) to the payment of an amount as a distribution out of or under a RCA that can reasonably be considered to have been received, in respect of an office or employment of the Taxpayer, by a Former spouse of the taxpayer, pursuant to the terms of a court order or a separation agreement. ... Our comments Inclusion of RCA Payment in taxable income Paragraph 56(1)(x) provides that a taxpayer is generally required to include in income any amount, whether such amount has been received by the taxpayer or another person, out of or under a RCA that can reasonably be considered to have been received in respect of the office or employment of the taxpayer. ... In the situation described in your inquiry, it is our understanding that paragraph 56(1)(x) would apply to require the amount of the RCA Payment to be included in the income of the Taxpayer on the basis that such payment can reasonably be considered to have been received in respect of the office or employment of the Taxpayer. ...

We have not considered, nor does this memorandum contain any comments in respect of the other exceptions to subsection 15(2). ... The courts have provided some guidance in determining whether a repayment should be considered to form part of a series of loans or other transactions and repayments for the purposes of subsection 15(2.6). ... Previously we had considered the declaration of a dividend to be such an event. ...

19 March 2013 Internal T.I. 2013-0481351I7- Receipt of Instalment Payments CRA Tags 248(7) Principal Issues: When is an instalment payment considered to have been made? ... Therefore, an instalment payment from an individual, sent to the Receiver General by first class mail or its equivalent, is considered to have been received on the day that it was sent. ...

Therefore, provided the dairy operation can be considered to be the manufacturing or processing of goods for sale or lease then it is our opinion that the milk hauling trucks can be considered a qualified property for purposes of an ITC. ...

Therefore, provided the dairy operation can be considered to be the manufacturing or processing of goods for sale or lease then it is our opinion that the milk hauling trucks can be considered a qualified property for purposes of an ITC. ...

PRINCIPAL ISSUES: Are amounts received from Technology partnerships (industry Canada) by T\P to be considered loan or asssistance? ... We have reviewed the Agreement and the comments provided in your memorandum, and in this regard we offer the following comments: We concur with your position that the “contribution” by Technology Partnerships Canada, pursuant to the Agreement, should be considered government assistance and not a loan. ...

Factors to be considered would include the location of the books and records, where the Directors meet, where day-to-day management and control is exercised, where major business transactions are carried out, where employees report for work or are hired or are paid from, and where one would sue if legal action were being contemplated. If the head office of XXXXXXXXXX employer met most of the criteria set out above in 1990 it will likely be considered that control and management was exercised there and that the business was in fact resident on a reserve. ...