Ferdinand Marcos II petitioned the Court of Appeals questioning the Bureau of Internal Revenue's assessment and collection through levy of estate and income tax delinquencies from his late father's estate and properties, despite pending probate proceedings. The Court of Appeals ruled that the tax assessments were already final and could be enforced through levy. Marcos argued that the probate proceedings put the properties under the court's custody. The Supreme Court ruled that while the authority to collect taxes is paramount, it must be done in accordance with law, and the probate court has jurisdiction over claims for taxes on an estate. The state can collect taxes on a deceased's estate despite pending probate, but the collection must go through the
Ferdinand Marcos II petitioned the Court of Appeals questioning the Bureau of Internal Revenue's assessment and collection through levy of estate and income tax delinquencies from his late father's estate and properties, despite pending probate proceedings. The Court of Appeals ruled that the tax assessments were already final and could be enforced through levy. Marcos argued that the probate proceedings put the properties under the court's custody. The Supreme Court ruled that while the authority to collect taxes is paramount, it must be done in accordance with law, and the probate court has jurisdiction over claims for taxes on an estate. The state can collect taxes on a deceased's estate despite pending probate, but the collection must go through the
Ferdinand Marcos II petitioned the Court of Appeals questioning the Bureau of Internal Revenue's assessment and collection through levy of estate and income tax delinquencies from his late father's estate and properties, despite pending probate proceedings. The Court of Appeals ruled that the tax assessments were already final and could be enforced through levy. Marcos argued that the probate proceedings put the properties under the court's custody. The Supreme Court ruled that while the authority to collect taxes is paramount, it must be done in accordance with law, and the probate court has jurisdiction over claims for taxes on an estate. The state can collect taxes on a deceased's estate despite pending probate, but the collection must go through the
FERDINAND R. MARCOS II, petitioner,vs. COURT OF APPEALS, THE COMMISSIONER OF THE BUREAU OF INTERNAL REVENUE andHERMINIA D. DE GUZMAN,respondents. Petitioner is the eldest son of the late President Marcos who questions the assessment of the CIR and collecting through the summary remedy of Levy on Real Properties, estate and income tax delinquencies upon the estate and properties of his father, despite the pendency of the proceedings on probate of the will of the late president. Marcos filed a petition for certiorari and Prohibition with an application for writ of preliminary injunction and/or temporary restraining order before the CA against the issuance of CIR of the notice of Levy on Real Property and sale by public auction of the said properties. CA ruled the deficiency assessments for estate and income tax of the late President already become final and unappealable, and may thus be enforced by the summary remedy of levying upon the properties, hence this petition. Marcos contended that the pending probate proceeding puts the properties in custodia legis of the probate court to the exclusion of all other courts and administrative agencies. BIR argued that the sates authority to collect internal revenue taxes is paramount. Issue:Whether or not the State can collect taxes on the estate of the deceased despite the pending probate proceeding. Ruling: The case of Pineda vs. Court of First Instance of Tayabas and Collector of Internal Revenue (52Phil 803), relied upon by the petitioner-appellant is good authority on the proposition that the court having control over the administration proceedings has jurisdiction to entertain the claim presented by thegovernment for taxes due and to order the administrator to pay the tax should it find that the assessment was proper, and that the tax was legal, due and collectible.Thus, it was in Vera vs. Fernandez that the court recognized the liberal treatment of claims for taxes charged against the estate of the decedent. Such taxes, we said, were exempted from the application of the statute of non-claims, and this is justified by the necessity of government funding, immortalized in the maxim that taxes are the lifeblood of the government. Vectigalia nervi sunt rei publicae - taxes are the sinews of the state. It has been repeatedly observed, and not without merit, that the enforcement of tax laws and the collection of taxes, is of paramount importance for the sustenance of government. Taxes are the lifeblood of the government and should be collected without unnecessary hindrance. However, such collection should be made in accordance with law as any arbitrariness will negate the very reason for government itself. It is therefore necessary to reconcile the apparently conflicting interests of the authorities and the taxpayers so that the real purpose of taxation, which is the promotion of the common good, may beachieved. [Marcos II vs. Court of Appeals, 273 SCRA 47(1997)]IN VIEW WHEREOF, the Court RESOLVED to DENY the present petition.
Kapatiran ng mga Naglilingkod sa Pamahalaan vs. Tan
GR L-81311, 30 June 1988 En Banc, Padilla (J): 12 concur, 2 on leave Facts: EO 273 was issued by the President of the Philippines which amended the Revenue Code, adopting the value-added tax (VAT) effective 1 January 1988. Four petitions assailed the validity of the VAT Law fro being beyond the President to enact; for being oppressive, discriminatory, regressive, and violative of the due process and equal protection clauses, among others, of the Constitution. The Integrated Customs Brokers Association particularly contend that it unduly discriminate against customs brokers (Section 103 [r]) as the amended provision of the Tax Code provides that service performed in the exercise of profession or calling (except custom brokers) subject to occupational tax under the Local Tax Code, and professional services Taxation Law I, 2004 ( 18 )Digests (Berne Guerrero) performed by registered general professional partnerships are exempt from VAT. Issue: Whether the E-VAT law discriminates against customs brokers. Held: The phrase except custom brokers is not meant to discriminate against custom brokers but to avert a potential conflict between Sections 102 and 103 of the Tax Code, as amended. The distinction of the customs brokers from the other professionals who are subject to occupation tax under the Local Tax Code is based upon material differences, in that the activities of customs brokers partake more of a business, rather than a profession and were thus subjected to the percentage tax under Section 174 of the Tax Code prior to its amendment by EO 273. EO 273 abolished the percentage tax and replaced it with the VAT. If the Association did not protest the classification of customs brokers then, there is no reason why it should protest now.