In finding that three corporations which had the same individual as their sole shareholder did not qualify as specified members of a qualifying group, so that they were ineligible to make the joint election pursuant to s. 156(2), Jorré J noted that, in the case of corporations, the “qualifying group” definition referred to ”a group of corporations, each member of which is closely related … [per s. 128] to each other member of the group,” and then stated (at paras. 17-18, TaxInterpretations translation):
In accordance with section 128, only corporations controlled by a corporation may be closely related.
The owner of the [three corporations] is an individual and not a corporation.