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To the best of your knowledge and that of the Personal Representative of the Estate, none of the proposed transactions and/or issues involved in the Ruling request are the same as or substantially similar to transactions and/or issues that are: a. in a previously filed tax return of the taxpayer or a related person; b. being considered by a tax services office or tax centre in connection with a previously filed tax return of the taxpayer or a related person; c. under objection by the taxpayer or a related person; d. the subject of a current or completed court process involving the taxpayer or a related person; or e. the subject of a Ruling previously considered by the Directorate. ...

We understand that, to the best of your knowledge and that of the taxpayers on whose behalf this ruling was requested, none of the issues described herein: (a) is in an earlier return of the taxpayer or a related person, (b) is being considered by a tax services office or taxation centre in connection with a previously filed tax return of the taxpayer or a related person, (c) is under objection by the taxpayer or a related person, (d) is before the courts or, if a judgment has been issued, the time limit for appeal to a higher court has expired, or (e) is the subject of a ruling previously considered by the Directorate involving the taxpayer or a related person. ...

The Taxpayer indicated in his notice of objection that he reasonably determined that he would not recover the debt as a whole, and considered the $XXXXXXXXXX debt to be bad in XXXXXXXXXX. ... As also stated in paragraph 3 of IT-220R2, a debt is considered bad for the purpose of section 20(4) only when the whole amount is uncollectible or when a portion of it has been settled and the remainder is uncollectible, not where the amount is merely a doubtful account. ...

Paragraph 2 of IT-365R2, Damages, Settlements and Similar Receipts, indicates that amounts received by a taxpayer as special or general damages for personal injury or death will generally be non-taxable; however, an amount which can reasonably be considered as income from employment rather than an award of damages will not be excluded from income. Generally, it is our view that an award of damages for "libel" (i.e. defamation of character, slander, etc.) would be considered for personal injury and would not be taxable, and as such legal fees incurred to obtain a non-taxable award would not be deductible. ...

Generally, where borrowed funds are used in the ordinary course of a taxpayer's business operations, any foreign exchange gain realized on the repayment of the loan is considered to be an income gain and any foreign exchange loss incurred on repayment of the loan is considered to be an income loss. ...

You have also considered technical interpretations issued regarding the issue of "beneficial ownership". ... It is plausible, in certain fact situations, that the payment of residential maintenance costs (i.e., property taxes, utilities and maintenance) could be considered as payment in lieu of rent by a tenant to a landlord. ...

However, paragraph 12 of IT-337R4 also states that: "...general damages relating to human rights violations can be considered unrelated to a loss of employment, despite the fact that the loss of employment is often a direct result of a human rights violations complaint. ... While this amount does not on its face appear to be unreasonable, in order to properly determine the portion of the settlement payment that can reasonably be considered as a damage award for human rights violations you should review the Tribunal decisions and find the most comparable situations to the Taxpayer's situation. ...

We understand that, to the best of your knowledge and that of the taxpayer, none of the issues involved in the ruling request is: (i) in an earlier tax return of the taxpayer or a related person; (ii) being considered by a tax services office or a tax centre in connection with a tax return already filed by the taxpayer or a related person; (iii) under objection by the taxpayer or a related person; (iv) before the courts or, (v) the subject of a ruling previously issued by the Directorate to the taxpayer or a related person. ... Additional Comments Nothing in this letter should be construed as implying that the CRA has reviewed, confirmed or otherwise considered: (a) the extent to which provincial legislation permits the Assignment; (b) the fair market value of the Policy at any time; (c) the tax consequences in relation to the assignments of property as described in paragraphs 6 and 9; or (d) any other tax consequences relating to the facts and the proposed transactions described herein other than those specifically described in the Rulings given above. ...

However, if the facts do not enable us to determine whether either A or B controls (more than 50%) the voting shares of Gesco, neither A nor B could be considered as controlling Gesco. ... In such circumstances, the employment of A and the employment of B by Opco would, therefore, be considered as insurable employments unless another provision of the legislation on EI would make them not insurable. ...

We understand that for GST purposes, the subsequent invoice issued by the supplier to recover the previously unbilled GST is considered part of the initial invoice on the taxable supply such that the total receivable is considered to be $1,050. ...