May 10, 1989
Financial Industries Division M. Shea-DesRosiers (613)957-8953
Subsections 110.6(6) and 70(5) of the Income Tax Act (the "Act")
This is in reply to your memorandum of April 26, 1989 concerning the above-mentioned subject XXXX
We have consulted XXXX. The "individual" to which subsection 110.6(6) of the Act refers to is the deceased himself and no other person. We acknowledge that subsection 248(1) of the Act defines "individual" to mean "a person other than a corporation" and a person is defined to include among others, "executors, administrators, or other legal representatives of such person", however, in the case of the penalty provision of subsection 110.6 of the Act, the "individual" referred to in that subsection does not include any of the persons mentioned in the definition of "person".
We trust the above comments will be of assistance to you.
Chief Deferred Income Plans & Trust Section Financial Industries Division Rulings Directorate