A trust, whose sole trustee is a corporation, acquired, as its only asset, a property valued at $50 million (the "Property") in consideration for the issuance of a note payable in the same amount, and then disposed of the Property and used the proceeds to repay the note. After finding that the trust should obtain an advance certificate for distribution under s. 159(2) before the note is repaid, CRA went on to address whether, if the corporate trustee failed to obtain the certificate, the corporation’s directors could be liable for the trust's unpaid tax liability, and concluded:
[A]n employee or director of a corporation authorized by law to be a trustee who acts in the course of the trustee’s duties for the corporation should generally not be considered to be the legal representative of the taxpayer for whom the corporation is the legal representative.