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wealth.
As Paterno has no estate and income, actually and legally vested in
her and entirely distinct from her husbands property, the income
cannot properly be considered the separate income of the wife for
the
purposes
of
the
additional
tax.
To recapitulate, Vicente wants to half his declared income in
computing for his tax since he is arguing that he has a conjugal
partnership with his wife. However, the court ruled that the one
that should be taxed is the income which is the flow of the capital,
thus it should not be divided into 2.
Facts: Vicente Madrigal and Susana Paterno were legally married
prior to January 1, 1914, contracted under the provisions of law
concerning conjugal partnerships. In 1915, Madrigal filed a sworn
declaration with the CIR showing that his total net income for the
year 1914 was P296,302.73. Subsequently Madrigal submitted the
claim that the said P296,302.73 did not represent his income for
the year 1914, but was in fact the income of
the conjugal partnership existing between himself and his wife
Susana Paterno, and that in computing and assessing the
additional income tax provided by the Act of Congress of October 3,
1913, the income declared by Vicente Madrigal should be divided
into two equal parts, one-half to be considered the income of
Vicente Madrigal and the other half of Susana Paterno.
After payment under protest, and after the protest of Madrigal had
been decided adversely by the CIR, action was begun by Madrigal
and his wife Paterno in the CFI of Manila against Collector of
Internal Revenue and the Deputy Collector of Internal Revenue.
CFI
decided
against
Madrigal
and
Paterno.
Appellees contend that the taxes imposed by the Income Tax Law
are as the name implies taxes upon income tax and not upon capital
and property; that the fact that Madrigal was a married man, and
his marriage contracted under the provisions governing
the conjugalpartnership, has no bearing on income considered as
income, and that the distinction must be drawn between the
ordinary
form
of
commercial
partnership
and
the conjugal partnership of spouses resulting from the relation of
marriage.
Issue: Whether or not the additional income tax should be divided
into two equal parts because of the conjugal partnership
years1951to1954(1)theCompanyhadnotaccruedasanexpensethe
shareinthecompanyprofitsofBenguetConsolidatedMinesasoperator
oftheCompany'smines,althoughforincometaxpurposestheCompany
hadreportedincomeandexpensesontheaccrualbasis;(2)depletionand
depreciationexpenseshadbeenovercharged;and(3)theclaimsforaudit
andlegalfeesandmiscellaneousexpensesfor1953and1954hadnotbeen
properlysubstantiated;andthat(B)fortheyear1956(1)theCompany
had overstated its claim for depletion; and (2) certain claims for
miscellaneousexpenseswerenotdulysupportedbyevidence.
InviewofsaidreportstheCommissionerofInternalRevenuesentthe
Companyaletterofdemandrequiringittopaycertaindeficiencyincome
taxes for the years 1951 to 1954, inclusive, and for the year 1956.
Deficiencyincometaxassessmentnoticesforsaidyearswerealsosentto
the Company. The Company requested a reconsideration of the
assessment, but the Commissioner refused to reconsider, hence the
CompanyappealedtotheCourtofTaxAppeals.
OnMay6,1961theTaxCourtrenderedjudgmentorderingtheCompany
to pay the amounts of P107,846.56, P134,033.01 and P71,392.82 as
deficiencyincometaxesfortheyears1953,1954and1956,respectively.
However,onAugust7,1961,uponmotionoftheCompany,theTaxCourt
reconsidereditsdecisionandfurtherreducedthedeficiencyincometax
liabilitiesoftheCompanytoP79,812.93,P51,528.24andP71,382.82for
theyears1953,1954and1956,respectively.
Boththe Companyand the Commissioner appealed to this Court. The
CompanyquestionstherateofminedepletionadoptedbytheCourtof
Tax Appeals and the disallowance of depreciation charges and certain
miscellaneous.
Issue:WhethertheCourtofTaxAppealserredwithrespecttotherateof
minedepletion.
Held:TheTaxCodeprovidesthatincomputingnetincomethereshallbe
allowedasdeduction,inthecaseofmines,areasonableallowancefor
depletionthereofnottoexceedthemarketvalueinthemineoftheproduct
thereof which has been mined and sold during the year for which the
returnismade[Sec.30(g)(1)(B)].
Theformulaforcomputingtherateofdepletionis:
CostofMineProperty
=RateofDepletionPerUnitEstimatedoreDepositof
ProductMinedandsold.
Thequestionastowhichfigureshouldproperlycorrespondto"minecost"
isoneoffact.ThefindingsoffactoftheTaxCourt,wherereasonably
supportedbyevidence,areconclusiveupontheSupremeCourt.
4.CIRvs.ToursSpecialists,Inc.
Gross receipts subject to tax under the Tax Code do not include
monies or receipts entrusted to the taxpayer which do not belong
to them and do not redound to the taxpayers benefit; and it is not
necessary that there must be a law or regulation which would
exempt such monies or receipts within the meaning of gross
receipts under the Tax Code
Facts:
The Commissioner of Internal Revenue filed a petition to review on
certiorari to the CTA decision which ruled that the money entrusted
to private respondent Tours Specialist (TS), earmarked and paid for
hotel room charges of tourists, travellers and/or foreign travel
agencies do not form part of its gross receipt subject to 3%
independent contractors tax.
Tours Specialist derived income from its activities and services as a
travel agency, which included booking tourists in local hotels. To
supply such service, TS and its counterpart tourist agencies abroad
have agreed to offer a package fee for the tourists (payment of hotel
room accommodations, food and other personal expenses). By
arrangement, the foreign tour agency entrusts to TS the fund for
hotel room accommodation, which in turn paid by the latter to the
local hotel when billed.
Despite this arrangement, CIR assessed private respondent for
deficiency 3% contractors tax as independent contractor including
the entrusted hotel room charges in its gross receipts from services
for years 1974-1976 plus compromise penalty.
During cross-examination, TS General Manager stated that the
payment through them is only an act of accommodation on (its)
part and the agent abroad instead of sending several telexes and
saving on bank charges they take the option to send the money to
(TS) to be held in trust to be endorsed to the hotel.
Nevertheless, CIR caused the issuance of a warrant of distraint and
levy, and had TS bank deposits garnished.
Issue:
W/N amounts received by a local tourist and travel agency included
in a package fee from tourists or foreign tour agencies, intended or
earmarked for hotel accommodations form part of gross receipts
subject to 3% contractors tax
Held:
No. Gross receipts subject to tax under the Tax Code do not include
monies or receipts entrusted to the taxpayer which do not belong to
them and do not redound to the taxpayers benefit; and it is not
necessary that there must be a law or regulation which would
exempt such monies or receipts within the meaning of gross
receipts under the Tax Code. Parenthetically, the room charges
entrusted by the foreign travel agencies to the private respondents
do not form part of its gross receipts within the definition of the Tax
Code. The said receipts never belonged to the private respondent.
The private respondent never benefited from their payment to the
local hotels. This arrangement was only to accommodate the
foreign travel agencies.
The well-settled doctrine is that the findings of facts of the CTA are
binding on this Court and absent strong reasons for this Court to
delve into facts, only questions of law are open for determination.
The factual findings of the CTA are binding upon this Court and
can only be disturbed on appeal if not supported by substantial
evidence.
In the instant case, we find no reason to disregard and deviate
from the findings of facts of the CTA.
In context, DIRECT TAXES are those that are demanded from the
very person who, it is intended or desired, should pay them; while
INDIRECT TAXES are those that are demanded in the first
instance from one person in the expectation and intention that he
can shift the burden to someone else.
Accordingly, the significance of PD 31 is clearly established in
determining whether or not hotel room charges of foreign tourists
in local hotels are subject to the 3% contractor's tax. As CTA aptly
stated:
deficiency but denied that he had any undeclared income for 1977
and requested that the assessment of 1977 be made to await final
court decision on the case filed against him for filing an allegedly
fraudulent return.
Commissioner replied that the amount of Mellon Banks
erroneous remittance which you were able to dispose is definitely
taxable and the Commissioner imposed a 50% fraud penalty on
Javier.
The brothers agreed to sell 13,500 hec to the govt for P2.079Mn,
plus 300K survey and subdivision expenses
Unfortunately, the govt did not have funds
b.
-
Facts:
c.
a.
Tenants who have been tilling the lands expressed their desire to
purchase from Roxas y Cia, the parcels which they actually occupied
CTA decision: sustained the assessment except the demand for the
payment of the fixed tax on dealer of securities and the
disallowance of the deductions for contributions to the Philippine
Air Force Chapel and Hijas de Jesus' Retiro de Manresa
The fact that there were hundreds of vendees and them being paid
for their respective holdings in installment for a period of ten years,
it would nevertheless not make the vendor Roxas y Cia. a real estate
dealer during the 10-year amortization period
the sale of the Nasugbu farm lands to the very farmers who tilled
them for generations was not only in consonance with, but more in
obedience to the request and pursuant to the policy of our
Government to allocate lands to the landless
As to the deductions
a.
In this case, the evidence does not show such link between the
expenses and the business of Roxas y Cia
b.
c.
d.
In the case of Gray vs. Darlington (82 U.S., 653), the US Supreme
Court held that mere advance in value does not constitute the
"income" specified in the revenue law as "income" of the owner for
the year in which the sale of the property was made. Such advance
constitutes and can be treated merely as an increase of capital.
In the case of Towne vs. Eisner, income was defined in an income
tax law to mean cash or its equivalent, unless it is otherwise
specified. It does not mean unrealized increments in the value of
the property. A stock dividend really takes nothing from the
property of the corporation, and adds nothing to the interests of the
shareholders. Its property is not diminished and their interest are
not increased. The proportional interest of each shareholder
remains the same. In short, the corporation is no poorer and the
stockholder is no richer then they were before.
In the case of Doyle vs. Mitchell Bros. Co. (247 U.S., 179), Mr.
Justice Pitney, said that the term "income" in its natural and
obvious sense, imports something distinct from principal or capital
and conveying the idea of gain or increase arising from corporate
activity.
In the case of Eisner vs. Macomber (252 U.S., 189), income was
defined as the gain derived from capital, from labor, or from both
combined, provided it be understood to include profit gained
through a sale or conversion of capital assets.
When a corporation or company issues "stock dividends" it shows
that the company's accumulated profits have been capitalized,
instead of distributed to the stockholders or retained as surplus
available for distribution, in money or in kind, should opportunity
offer. The essential and controlling fact is that the stockholder has
received nothing out of the company's assets for his separate use
and benefit; on the contrary, every dollar of his original investment,
together with whatever accretions and accumulations resulting
from employment of his money and that of the other stockholders
in the business of the company, still remains the property of the
company, and subject to business risks which may result in wiping
out of the entire investment. The stockholder by virtue of
the stock dividend has in fact received nothing that answers the
definition of an "income."
The stockholder who receives a stock dividend has received nothing
but a representation of his increased interest in the capital of the
corporation. There has been no separation or segregation of his
interest. All the property or capital of the corporation still belongs
to the corporation. There has been no separation of the interest of
the stockholder from the general capital of the corporation. The
stockholder, by virtue of the stock dividend, has no separate
orindividual control over the interest represented thereby, further
than he had before the stock dividend was issued. He cannot use it
for the reason that it is still the property of the corporation and not
the property of the individual holder of stock dividend. A certificate
ofstock represented by the stock dividend is simply a statement of
his proportional interest or participation in the capital of the
corporation. The receipt of a stock dividend in no way increases the
money received of a stockholder nor his cash account at the close of
the year. It simply shows that there has been an increase in the
amount of the capital of the corporation during the particular
Facts
Limpan Investment Corp is a domestic corporation engaged in the
business of leasing real properties. Among its real properties are
lots and buildings in Manila and Pasay City acquired from Isabelo
Lim and his mother. After filing tax returns for 1956, 1957, the
examiners of BIR discovered that the corporation has understated
its rental incomes by 20k and 81k during said years as well as
claimed excessive depreciation amounting to 20k and 16k. The CIR
demanded payment for deficiency tax and surcharge. Petitioners
argue that these amounts were either deposited with the court by
the tenants or have yet to be received.
Issue:
W/N there was undeclared income
Held:
Yes, petitioner admitted that it had undeclared more than half of
the amount, therefore it was incumbent upon the corporation to
establish the remainder of its pretensions by clear and convincing
evidence which was lacking in this case.