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Section 6302 of the Regulations lists factors to be considered in determining what constitutes care and upbringing of a qualified dependant. ... The content and nature of the court order must be considered and the parent should show that he or she has custodial rights rather than simply visitation rights for that period. ... The judgments awarded the CTB to the female parents who were considered to be primarily fulfilling the responsibilities of the care and upbringing of the children during the two summer months. ...

It is a question of fact as to whether an Indian band may be considered to be a public body performing a function of government in Canada and thereby qualify for exemption from Part I tax pursuant to paragraph 149(1) (C) of the Income Tax Act. ... Bands that do not meet these requirements can be considered on a case-by-case basis. ... In the recent case of Arnold Recalma v. her Majesty the Queen (96 DTC 1520), the Tax Court of Canada considered the taxability of income earned by an Indian living on reserve, from investments purchased from an on reserve branch of a bank. ...

If 24(1) assists NCorp in obtaining financing would this be considered a "charitable purpose" as set out in the definition of "charitable foundation" in subsection 149.1(1) of the Act. 2.      ... Even if assisting NCorp obtain financing for a fee is regarded as carrying on a business, if 24(1) uses this income to carry out its stated objectives, such activity may be considered as a related business. ... Although we have not received a legal opinion on this matter, it is our view that in either (i) or (ii) above 24(1) will not be considered to have incurred a debt at the time NCorp receives the loan.  ...

However, in 1988 the relevant words were changed from   " real property that has been used..... in the course of carrying on the business of farming in Canada and for the purposes of this definition property will be considered to have been used in the course of carrying the business of farming in Canada if..."to       "real property that has been used....in the course of carrying on the business of farming in Canada and for the purpose of this paragraph, property will not be considered to have been used in the course of   carrying the business in Canada unless... ... That is, to be considered as "qualified farm property" the property must be used in the business of farming in Canada and therefore all foreign property is immediately excluded from the definition. ...

Where the payments, however, have been directed into a bank account or other investment in the child name and the investment can be readily identified as belonging to the child the investment income earned on that account or that investment would be considered income of the child. ... It is our opinion that, under the circumstances described above, the investment income accruing to the policy would be considered income of the child. ...

You have expressed the view that the retainer should be included in income by virtue of Section 9 of the Income Tax Act if it can be determined that the 24(1) can be considered as carrying on a business for profit or with a reasonable expectation of profit. ... Per diem allowances received by a 24(1) are not required to be included in income unless, as you noted above, the 24(1) can be considered as carrying on a business for profit or with a reasonable expectation of profit.  ...

When debt obligations or shares are sold together with their accrued interest or declared dividends those amounts would be considered by prudent parties in the determination of the properties' price.  Accordingly these amounts must also be considered in determining such properties' fair market values. ...

Hammond Child Care Expenses- Taxable Benefits We are writing in reply to your memorandum of January 26, 1993, with respect to the enquiry from the Victoria District Office concerning whether or not employer reimbursed child care expenses would be considered to be taxable benefits to the recipients thereof in the situations described in their E-Mail message. ... On the basis that the employee's out of town attendance at the course is required by the employer and could be considered to be of a business nature, we agree with the District Office position that, in the first situation, a taxable benefit would not accrue to the employee. ...

Subsection 37(6) provides that an amount claimed under subsection 37(1), that may reasonably be considered to be in respect of property described in paragraph 37(1)(b), will be deemed to be an amount that has been allowed to the taxpayer as capital cost allowance under paragraph 20(1)(a). As a result, in computing the amount that would otherwise be the undepreciated capital cost of the property, the capital cost of the property will be reduced by the amounts that were deducted by the taxpayer under subsection 37(1) and that may reasonably be considered to be in respect of the property (subparagraph 13(21)(f)(iii) adjustment). ...

Our Views 24(1) The Department's administrative position, however, is that where a responsible representative (as described in subsection 159(2)) turns over the proceeds of realization to a secure creditor subject to a valid security instrument such a payment is not considered to be a distribution for the purposes of subsection 159(2). ... Paragraph 2261.13(3)(d) states that the sale or other disposal of a specific property to satisfy a debt secured by that property is also not considered a distribution. 21(1)(b) We have confirmed with B. ...