Case Digests

  COMMISSIONER OF INTERNAL REVENUE v. DE LA SALLE UNIVERSITY, INC., [G.R. No. 196596. November 9, 2016.]   FACTS: In 2004, the Bureau of Internal Revenue (BIR) issued to DLSU Letter of Authority (LOA) No. 2794 authorizing its revenue officers to examine the latter's books of accounts and other accounting records for all internal revenue taxes for the period Fiscal Year Ending 2003 and Unverified Prior Years. BIR through a Formal Letter of Demand assessed DLSU the following deficiency taxes: (1) income tax on rental earnings from restaurants/canteens and bookstores operating within the campus; (2) VAT business income; and (3) documentary stamp tax (DST) on loans and lease contracts. The BIR demanded the payment of P17,303,001.12, inclusive of surcharge, interest and penalty for taxable years 2001, 2002 and 2003. DLSU protested the assessment. The Commissioner failed to act on the protest; thus, DLSU filed on August 3, 2005 a petition for review with the CTA Division. ...

  COMMISSIONER OF INTERNAL REVENUE, petitioner , vs. SECRETARY OF JUSTICE, and PHILIPPINE AMUSEMENT AND GAMING CORPORATION, respondents   G.R. No. 177387, November 9, 2016   FACTS :   PAGCOR has operated under a legislative franchise granted by PD No. 1869, in its Charter, 4 whose Section 13 (2) provides that: (2) Income and other Taxes — (a) Franchise Holder: No tax of any kind or form, income or otherwise, as well as fees, charges or levies of whatever nature, whether National or Local, shall be assessed and collected under this Franchise from the Corporation; nor shall any form of tax or charge attach in any way to the earnings of the Corporation, except a Franchise Tax of five percent (5%) of the gross revenue or earnings derived by the Corporation from its operation under this Franchise.   Notwithstanding the aforesaid 5% franchise tax imposed, the BIR issued several assessments against PAGCOR of P13,710,145,629.67 for alleged defic...

    BANCO DE ORO, BANK OF COMMERCE, CHINA BANKING CORPORATION, METROPOLITAN BANK & TRUST COMPANY, PHILIPPINE BANK OF COMMUNICATIONS, PHILIPPINE NATIONAL, PHILIPPINE VETERANS BANK, AND PLANTERS DEVELOPMENT, petitioners   RIZAL COMMERCIAL BANKING CORPORATION AND RCBC CORPORATION, petitioners-intervenors CAUCUS OF DEVELOPMENT NGO NETWORKS, petitioner-intervenor v.   REPUBLIC OF THE PHILIPPINES, COMMISSIONER OF INTERNAL REVENUE, BUREAU OF INTERNAL REVENUE, SECRETARY OF FINANCE, DEPARTMENT OF FINANCE, THE NATIONAL TREASURER, AND BUREAU OF TREASURY, respondents [G.R. No. 198756. August 16, 2016.]   FACTS: In the notice to all Government Securities Eligible Dealers (GSEDs) entitled Public Offering of Treasury Bonds (Public Offering), the Bureau of Treasury announced that "P30.0 [billion] worth of 10-year Zero[-]Coupon Bonds [would] be auctioned on October 16, 2001[.]" It stated that "the issue being limited to 19 lenders and while taxable shall not be ...