The residue of the estate of Mr. X, which was left in equal parts to four trusts for each of his four children, included Class D preferred shares of Corporation X, which were purchased for cancellation in three tranches, with the first two treated as giving rise to taxable dividends and the third being elected upon to be a capital dividend. After noting its position that where identical properties are disposed of in separate transactions, CRA will adopt the order of disposition chosen by the taxpayer for the purposes of ss. 112(3) and (3.2), and that the reduction of a capital loss under s. 112(3.2) is computed on a redemption-by-redemption basis, the Directorate rejected the position of the Estate representatives that "all taxable dividends received are taxed at the level of the individuals,” so that no taxable dividends in fact were designated under s. 104(19) to a beneficiary that was a trust for the purposes of s. 112(3.2)(b), stating:
[A] testamentary trust can qualify as a beneficiary of an estate. Consequently, the conditions in paragraph 112(3.2)(b) are satisfied where taxable dividends allocated to a testamentary trust result from the redemption of shares of capital stock held by an estate and the estate has incurred capital losses.