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Will the above partnership be considered to be "a trader or dealer in securities" for the purposes of subsection 39(5) of the Act and hence be ineligible for the election in subsection 39(4) of the Act? ... A partnership which, as a result of special knowledge of a particular corporation not available to the public, utilizes that knowledge to realize a quick gain is considered to be a "trader or dealer in securities" for those particular securities.  ...

Astaphan in a telephone conversation on November 2, 1989 ((19(1)/Astaphan), the Department's views as to when a corporation is considered to have been wound-up are described in IT-126R2, particularly in paragraphs 3 to 5 thereof. As such, A would be considered to be wound up for the purposes of subsection 88(1) where, in the absence of a formal dissolution, there is substantial evidence that A will be dissolved within a short period of time.  ...

For further discussion of the factors to be considered in making such a determination, please refer to the comments in paragraph 17 of IT-428. ... Should you have a factual situation involving an actual taxpayer that you wish to have considered, you should forward all relevant facts and documentation to the appropriate district taxation office for their consideration. ...

Where the general partner of a limited partnership does not acquire an interest in that partnership as a limited partner but does acquire the right to share in the profit or loss of the partnership by virtue of being the general partner, that right will be considered to be a property (as defined in subsection 248(1) of the Act).  However, before such a property would be considered to meet the definition of "tax shelter" there must be, inter alia, statements, representations or advertisements made that there will be amounts deductible in respect of that property in computing the general partner's income or taxable income.  ...

Under the heading "Deemed Residents of Canada", the second paragraph indicates that the spouse and the children of a deemed resident of Canada are also considered to be deemed resident.  ... Under the heading "Ceasing to be employed by the Canadian Forces", the guide indicates that a person who ceases to be a Canadian Forces employee but remains abroad is considered to be a deemed or factual resident only to the date that he terminates his employment.  ...

In the case of your first situation, paragraph 8(a) of IT-433 states that "The crop share received by a landlord in a sharecropping arrangement is considered to be rental income and not income from farming".  ... However, we agree that, if a farming partnership does exist, all the partners would be considered to be carrying on the business of farming. ...

" Paragraph 3 of IT-233R states " a transaction is considered to be a sale rather than a lease (where) the lessee has the right during or at the expiration of the lease to acquire the property at a price which at the inception of the lease is substantially less than the probable fair market value of the property at the time or times of permitted acquisition by the lessee... ... The excess is accordingly considered to represent capital cost allowance previously allowed and as such will be included in total depreciation as defined in paragraph 13(21)(e). ...

A deduction respecting committee compensation expenditures would by virtue of paragraph 18(1)(a) of the Income Tax Act (the "Act") be limited to the portion considered to have been incurred for the purpose of earning income from a business or property. 2.      ... Service income is considered to be earned when the service is rendered and since the courts generally follow the formulas described above the amount of the fees can be reasonably determined. 5.      ...

That property and any property reasonably considered to be derived from it will be subject to the RCA rules. ... Notwithstanding that the payments from the EBP trust to the employer are not deductible from the income of the EBP trust, the re-contributions by the employer to the plan, if made after December 31, 1987, will be considered to be contributions to a "statutory arrangement", (i.e. an RCA), and therefore subject to the withholding provisions of paragraph 153(1)(p) of the Act. ...

In our view the provisions of subsection 55(4) would also need to be, considered.  where it may reasonably be considered that the principal purpose for the group of shareholders acting in concert was to cause the parties to not deal at arm's length with each other-so that subsection 55(2) would not apply to the dividends received by   24(1) then subsection 55(4) would apply to deem the parties to deal at arm's length. ...