G.R. No.

L-68118 October 29, 1985

JOSE P. OBILLOS, JR., SARAH P. OBILLOS, ROMEO P. OBILLOS and REMEDIOS P. OBILLOS, brothers and sisters, petitioners
vs.
COMMISSIONER OF INTERNAL REVENUE and COURT OF TAX APPEALS, respondents.
FACTS:
1973
Mar. 2. Jose completed payment on two lots of Ortigas & Co., Ltd.
Mar. 4. Transferred right to four heirs for residential purposes.
Mar. 13. Company sold lot to petitioners (P178,708.12).
Lots not feasible for purpose. High cost.
1974
Resold to Walled City Securities Corp. and Olga Cruz Canda (total sum of P313,050). (Effect: dissolution of co-ownership).
Divided profit from sale (total profit of P134, 341.88 or P33, 584 for each of them) (incidental to the dissolution).
Paid tax on capital gains (on one-half thereof or of P16,792).