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414)
EN BANC
[G.R. No. 12287. August 7, 1918.]
VICENTE MADRIGAL and his wife, SUSANA PATERNO,
plaintiffs-appellants, vs. JAMES J. RAFFERTY, Collector of
Internal Revenue, and VENANCIO CONCEPCION, Deputy
Collector of Internal Revenue, defendants-appellees.
Gregorio Araneta, for appellants.
Assistant Attorney Round, for appellees.
SYLLABUS
1. TAXATION; INCOME TAX; PURPOSES. The Income Tax Law of
the United States in force in the Philippine Islands has selected income as
the test of faculty in taxation. The aim has been to mitigate the evils arising
from the inequalities of wealth by a progressive scheme of taxation, which
places the burden on those best able to pay. To carry out this idea, public
considerations have demanded an exemption roughly equivalent to the
minimum of subsistence. With these exceptions, the Income Tax Law is
supposed to reach the earnings of the entire non-governmental property of
the country.
2. ID.; ID.; INCOME CONTRACTED WITH CAPITAL AND PROPERTY.
Income as contrasted with capital or property is to be the test. The
essential difference between capital and income is that capital is a fund;
income is a flow. Capital is wealth, while income is the service of wealth.
"The fact is that property is a tree, income is the fruit; labor is a tree,
income the fruit; capital is a tree, income the fruit." (Waring vs. City of
Savannah [1878], 60 Ga., 93.)
3. ID.; ID.; "INCOME:," DEFINED. Income means profits or gains.
4. ID.; ID.; CONJUGAL PARTNERSHIPS. The decisions of this court
in Nable Jose vs. Nable Jose [1916], 16 Off. Gaz., 871, and Manuel and
Laxamana vs. Losano [1918], 16 Off. Gaz., 1265, approved and followed.
DECISION
MALCOLM, J p:
This appeal calls for consideration of the Income Tax Law, a law of
American origin, with reference to the Civil Code, a law of Spanish origin.
STATEMENT OF THE CASE
Vicente Madrigal and Susana Paterno Were legally married prior to
January 1, 1914. The marriage was contracted under the provisions of law
exceptions, the income tax is supposed to reach the earnings of the entire
non governmental property of the country. Such is the background of the
Income Tax Law.
Income as contrasted with capital or property is to be the test. The
essential difference between capital and income is that capital is a fund;
income is a flow. A fund of property existing at an instant of time is called
capital. A flow of services rendered by that capital by the payment of money
from it or any other benefit rendered by a fund of capital in relation to such
fund through a period of time is called income. Capital is wealth, while
income is the service of wealth. (See Fisher, "The Nature of Capital and
Income.") The Supreme Court of Georgia expresses the thought in the
following figurative language: "The fact is that property is a tree, income is
the fruit; labor is a tree, income the fruit; capital is a tree, income the fruit."
(Waring vs. City of Savannah [1878], 60 Ga., 93.) A tax on income is not a
tax on property. "Income," as here used, can be defined as "profits or gains."
(London County Council vs. Attorney-General [1901], A. C., 26; 70 L. J. K.
B. N. S., 77; 83 L. T. N. S., 605; 49 Week. Rep., 686; 4 Tax Cas., 265. See
further Foster's Income Tax, second edition [1915.], Chapter IV; Black on
Income Taxes, second edition [1915], Chapter VIII; Gibbons vs. Mahon
[1890], 136 U. S., 549; and Towne vs. Eisner, decided by the United States
Supreme Court, January 7, 1918.)
A regulation of the United States Treasury Department relative to
returns by the husband and wife not living apart, contains the following:
"The husband, as the head and legal representative of the
household and general custodian of its income, should make and
render the return of the aggregate income of himself and wife,
and for the purpose of levying the income tax it is assumed that
he can ascertain the total amount of said income. If a wife has a
separate estate managed by herself as her own separate property,
and receives an income of more than $3,000, she may make
return of her own income, and if the husband has other net
income, making the aggregate of both incomes more than $4,000,
the wife's return should be attached to the return of her
husband, or his income should be included in her return, in
order that a deduction of $4,000 may be made from the aggregate
of both incomes. The tax in such case, however, will be imposed
only upon so much of the aggregate income of both as shall
exceed $4,000. If either husband or wife separately has an
the additional tax; that Araneta claims the returns are correct on
the ground that under the Philippine law his wife is entitled to
half of his earnings; that Araneta has dominion over the income
and under the Philippine law, the right to determine its use and
disposition; that in this case the wife has no 'separate estate'
within the contemplation of the Act of October 3, 1913, levying an
income tax.
"It appears further from the correspondence that upon the
foregoing explanation, tax was assessed against the entire net
income against Gregorio Araneta; that the tax was paid and an
application for refund made, and that the application for refund
was rejected, whereupon the matter was submitted to the
Attorney-General of the Islands who holds that the returns were
correctly rendered, and that the refund should be allowed; and
thereupon the question at issue is submitted through the
Governor-General of the Islands and Bureau of Insular Affairs for
the advisory opinion of this office.
"By paragraph M of the statute, its provisions are extended
to the Philippine Islands, to be administered as in the United
States but by the appropriate internal-revenue officers of the
Philippine Government. You are therefore advised that upon the
facts as stated, this office holds that for the Federal Income Tax
(Act of October 3, 1913), the entire net income in this case was
taxable to Gregorio Araneta, both for the normal and additional
tax, and that the application for refund was properly rejected.
"The separate estate of a married woman within the
contemplation of the Income Tax Law is that which belongs to her
solely and separate and apart from her husband, and over which
her husband has no right in equity. It may consist of lands or
chattels.
"The statute and the regulations promulgated in
accordance therewith provide that each person of lawful age (not
excused from so doing) having a net income of $3,000 or over for
the taxable year shall make a return showing the facts; that from
the net income so shown there shall be deducted $3,000 where
the person making the return is a single person, or married and
not living with consort, and $1,000 additional where the person
making the return is married and living with consort; but that
where the husband and wife both make returns (they living