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As a rule, expenses of attending a training course outside a taxpayer's general geographic locale are considered unreasonable to the extent that they exceed what they would have been had a similar course been attended locally, if available. ... Also, if the election had other immediate adverse tax consequences (grinding of credits based on net income, for example), it would be an indication that the individual had considered the election necessary. ... The trust arrangement would also not be considered an "employee trust" as defined in subsection 248(1) of the Act given that the payment would not meet the criteria contained in paragraph (a) of the definition. ...

Reasons: Based on the opinion of NRCan, the expenses will not be considered to be related to a potential or actual extension of an existing mine that has come into production in reasonable commercial quantities. ... To the best of the knowledge of the Company, none of the issues contained in this ruling request is: (a) in a previously filed tax return of the Company or a related person; (b) being considered by a tax services office or a tax centre in connection with a previously filed tax return of the Company or a related person; (c) under objection by the Company or a related person; (d) the subject of a current or completed court process involving the Company or a related person; or (e) the subject of a ruling request previously considered by the Income Tax Rulings Directorate. ... An expense incurred by the Company, after the date of this letter, in respect of the exploration program in the New Zones described in the Proposed Transactions that will be undertaken at depths below the existing Open Pit Mines with a ramp starting at the bottom of the Open Pit Mines, will not be considered to be related to a potential or actual extension of the Open Pit Mines for the purposes of subparagraph (f)(vi) of the definition of CEE in subsection 66.1(6), provided that, if such exploration program culminates in the development of a mining operation, any such operation is conducted utilizing a new underground mine rather than an extension of any of the Open Pit Mines. ...

However, the Court did not elaborate on what would be considered as the "business of production" and what should be included therein. ... Applying the concept to XXXXXXXXXX, interest earned on overpayment of taxes would not be considered to be income from production even if the overpayment could have been used to earn income from production. ... The Court found that there was sufficient inter-connection or integration with the business of production of silver that a gain from hedging activities could be considered to be income from that business to the extent that it corresponds to actual production. ...

X would be considered to meet the 2-year gross-revenue test in subparagraph (vi) if in at least 2 years while Mr. ... A would be considered to meet the 2-year gross-revenue test in subparagraph (vi) if in at least 2 years while Mr. ... A would be considered to meet the 5-year use test in subparagraph (a)(vii) of the definition of QFP in respect of the 1/3 portion of land if Mr. ...

Our Comments Subsection 127(18) of the Act provides as follows: Where on or before the filing-due date for a taxation year of a person or partnership (referred to in this subsection as the "taxpayer") the taxpayer has received, is entitled to receive or can reasonably be expected to receive a particular amount that is government assistance, non-government assistance or a contract payment that can reasonably be considered to be in respect of scientific research and experimental development, the amount by which the particular amount exceeds all amounts applied for preceding taxation years under this subsection or subsection (19) or (20) in respect of the particular amount shall be applied to reduce the taxpayer's qualified expenditures otherwise incurred in the year that can reasonably be considered to be in respect of the scientific research and experimental development. ... In addition, in the CCLC Technologies Inc. case (96 DTC 6527) the FCA considered a situation involving amounts received by the taxpayer under a "Coal Research Agreement" with the Province of Alberta concerning a coal and heavy oil project. ... As such, it is also our view that amounts arising under the SPRI or the ITRP which are in respect of scientific research and experimental development would, pursuant to subsection 127(18) of the Act and subject to the limitations contained therein, reduce a taxpayer's qualified expenditures otherwise incurred in a particular taxation year that can reasonably be considered to be in respect of the scientific research and experimental development. ...

While a letter of wishes is generally considered to be non-binding, consideration must be given to the settlor's intent in determining the validity of any of the powers given to a person in a trust deed. ... We considered the application of section 74.1 and subsection 56(4.1) to the income earned by the XXXXXXXXXX Trust. ... Transfer Pricing We also considered the application of the transfer pricing rules in subsections 69(3) and 247(2). ...

Our comments under 1. above would have to be considered. However, specific terms of a plan can only be considered in the context of an advance income tax ruling request. 4a. ... Concerns similar to those addressed under 1. above would have to be considered. ... Prohibitions relating to the shares acquired under the terms of a plan would need to be considered when applying the Regulations. 4c. ...

We have assumed for purposes of our comments below that while XXXXXXXXXX is a political subdivision of the State of XXXXXXXXXX that is exempt from U.S. income tax, LLC is not considered to be a political subdivision or local authority of any State of the U.S. or any agency or instrumentality of such subdivision or authority. 7. ... This is because, as we have stated at the 1997 Tax Executives Institute Conference Round Table in reply to Question XVII (see Document 9729780 dated November 14, 1997), where based on its attributes, a LLC is considered to be a corporation (as a LLC formed under the laws of XXXXXXXXXX is so considered- see Document 2001-0085845 dated January 29, 2002), the LLC is considered to have a legal personality and existence that is distinct from the persons who caused its creation or who own it. ... We have assumed that the LLC itself is not considered to be a political subdivision or local authority of any State of the U.S. or any agency or instrumentality of such subdivision or authority and therefore would not satisfy the requirements of Article IV(1)(a) of the Convention. ...

Documentation provided not sufficient to conclude that the income the client receives for operating XXXXXXXXXX would be considered purchased by Her Majesty or given to Indians under a treaty agreement. 2. ... The Client has stated that according to that subsection where funding is provided for the use and benefit of Aboriginals, it is always considered to be situated on reserve. ... To determine whether Guideline 2 would apply, the definition of residency of the employer in the Guidelines would need to be considered in relation to the individual's employer. ...

Will each episode in a television series be considered to be a property in and by itself, or is the entire series considered to be one single property? ... Each episode is considered to be a separate property. Reasons: 1. In this fact situation, the distributor is a qualified corporation therefore it is not an investor and subsection 125.4(4) of the Act does not apply. ... We also considered the definition of excluded production in subsection 1106(1) of the Regulations. ...