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In the case of GUSTAVE MERCURE ESTATE, the Tax Court of Canada held that recaptured capital cost allowance (tax depreciation) cannot be included in a separate “rights and things” Canadian income tax return of a deceased taxpayer.

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"This article provides information of a general nature only. It is only current at the posting date. It is not updated and it may no longer be current. It does not provide legal advice nor can it or should it be relied upon. All tax situations are specific to their facts and will differ from the situations in the articles. If you have specific legal questions you should consult a lawyer."

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