CASE DIGEST: Bureau of Internal Revenue vs. Court of Appeals

 


[ GR No. 197590, Nov 24, 2014 ]
BIR v. CA

 

FACTS:

Respondent Antonio Villan Manly is a stockholder and the Executive Vice-President of Standard Realty Corporation, a family-owned corporation. He is also engaged in rental business.

On April 27, 2005, the BIR issued a Letter of Authority authorizing its revenue officers to investigate respondent spouses' internal revenue tax liabilities for taxable year 2003 and prior years.

On June 6, 2005, petitioner issued a letter to respondent spouses requiring them to submit documentary evidence to substantiate the source of their cash purchase of a 256-square meter log cabin in Tagaytay City worth P17,511,010.00. Respondent spouses, however, failed to comply with the letter.

Despite Antonio’s modest declared income, respondent spouse were able to purchase in cash a luxurious vacation house in Tagatay City, a Toyota RAV and a Toyota Prado.

Since respondent spouses failed to show the source of their cash purchases, the revenue officers concluded that respondent Antonio's ITRs were underdeclared. And since the underdeclaration exceeded 30% of the reported or declared income, it was considered a prima facie evidence of fraud with intent to evade the payment of proper taxes due to the government. The revenue officers, thus, recommended the filing of criminal cases against respondent spouses.

Respondent spouses denied the accusations hurled against them and alleged that they used their accumulated savings from their earnings for the past 24 years in purchasing the properties. They also contended that the criminal complaint should be dismissed because petitioner failed to issue a deficiency assessment against them.

ISSUE:

Whether or not respondent spouses should be charged with tax evasion

RULING:

In Ungab v. Judge Cusi, Jr., the Court ruled that tax evasion is deemed complete when the violator has knowingly and willfully filed a fraudulent return with intent to evade and defeat a part or all of the tax. Corollarily, an assessment of the tax deficiency is not required in a criminal prosecution for tax evasion. However, in Commissioner of Internal Revenue v. Court of Appeals, the Court clarified that although a deficiency assessment is not necessary, the fact that a tax is due must first be proved before one can be prosecuted for tax evasion.

In the case of income, for it to be taxable, there must be a gain realized or received by the taxpayer, which is not excluded by law or treaty from taxation. The government is allowed to resort to all evidence or resources available to determine a taxpayer's income and to use methods to reconstruct his income. A method commonly used by the government is the expenditure method, which is a method of reconstructing a taxpayer's income by deducting the aggregate yearly expenditures from the declared yearly income. The theory of this method is that when the amount of the money that a taxpayer spends during a given year exceeds his reported or declared income and the source of such money is unexplained, it may be inferred that such expenditures represent unreported or undeclared income.

In the case at bar, petitioner used this method to determine respondent spouses' tax liability. Petitioner deducted respondent spouses' major cash acquisitions from their available funds.

And since the underdeclaration is more than 30% of respondent spouses' reported or declared income, which under Section 248(B) of the NIRC constitutes as prima facie evidence of false or fraudulent return, petitioner recommended the filing of criminal cases against respondent spouses under Sections 254 and 255, in relation to Section 248(B) of the NIRC.

The amount of tax due from respondent spouses was specifically alleged in the Complaint-Affidavit. The computation, as well as the method used in determining the tax liability, was also clearly explained. The revenue officers likewise showed that the underdeclaration exceeded 30% of the reported or declared income.

Respondent spouses' defense that they had sufficient savings to purchase the properties remains self-serving at this point since they have not yet presented any evidence to support this. And since there is no evidence yet to suggest that the money they used to buy the properties was from an existing fund, it is safe to assume that that money is income or a flow of wealth other than a mere return on capital. It is a basic concept in taxation that income denotes a flow of wealth during a definite period of time, while capital is a fund or property existing at one distinct point in time.

The huge disparity between respondent Antonio's reported or declared annual income for the past several years and respondent spouses' cash acquisitions for the years 2000, 2001, and 2003 cannot be ignored. There is therefore, probable cause to indict respondent spouses for tax evasion as petitioner was able to show that a tax is due from them.


Comments