Scribd
Upload
509 views1 page

D - CIR Vs Fischer

The document discusses an estate tax case involving the estate of Walter Stevenson, a British national who owned property in the Philippines. There were disagreements between the Collector of Internal Revenue (CIR) and the estate administrator regarding deductions and exemptions. The court ruled that: 1) Half of the net estate could be deducted as the surviving spouse's share under Philippine conjugal partnership law. 2) The estate could claim exemption for 210,000 shares in a mining company based on reciprocity with California law. 3) The estate was not entitled to a $4,000 deduction under the U.S. tax code since Filipinos pay the same taxes without reciprocity. 4) The property

Uploaded by

ceilo cobo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
509 views1 page

D - CIR Vs Fischer

The document discusses an estate tax case involving the estate of Walter Stevenson, a British national who owned property in the Philippines. There were disagreements between the Collector of Internal Revenue (CIR) and the estate administrator regarding deductions and exemptions. The court ruled that: 1) Half of the net estate could be deducted as the surviving spouse's share under Philippine conjugal partnership law. 2) The estate could claim exemption for 210,000 shares in a mining company based on reciprocity with California law. 3) The estate was not entitled to a $4,000 deduction under the U.S. tax code since Filipinos pay the same taxes without reciprocity. 4) The property

Uploaded by

ceilo cobo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
  • Case Details and Facts

ESTATE TAX (Sec.

84-97, NIRC) D
Collector vs. Fisher, L-11621, January 28, 1961
G.R. No. L-11622 January 28, 1961
THE COLLECTOR OF INTERNAL REVENUE, vs. DOUGLAS FISHER AND BETTINA FISHER, and the COURT
OF TAX APPEALS
x---------------------------------------------------------x
G.R. No. L-11668 January 28, 1961.
DOUGLAS FISHER AND BETTINA FISHER vs. THE COLLECTOR OF INTERNAL REVENUE, and the COURT
OF TAX APPEALS,

FACTS: Walter Stevenson, decedent, a British national, was born and married in the Philippines. In his will, he
instituted his wife Beatrice Stevenson as sole heiress to his real and personal properties acquired in the Philippines.
The CIR and the administrator of the estate had different opinions regarding exemptions and deductions from the
estate.
ISSUES:
(1) In determining the taxable net estate of the decedent, should ½ of the net estate be deducted as share of the
surviving spouse in accordance with our law on conjugal partnership?
(2) May the estate avail of the reciprocity proviso of the NIRC granting exemption from the payment of estate and
inheritance taxes on the 210,000 shares of stock in the Mindanao Mother Lode Mines, Inc.?
(3) Whether or not the estate is entitled to the deduction of P4,000 allowed by Sec 861 of the US Internal Revenue
Code
(4) Whether the real estate properties located in Baguio and the 210,000 shares of stocks in the Mindanao Mother
Lode Mines, Inc. were correctly appraised by the lower court
(5) Is the estate entitled to the following deductions: P 8,604 for judicial and administration expenses; P 2,087 for
funeral expenses; P 653 for real estate taxes P 10,022 for representing the amount of indebtedness allegedly
incurred by the decedent during his lifetime;
(6) Is the estate entitled to the payment of interest on the amount it claims to have overpaid the government and to be
refundable to it?
RULING:
(1) Yes. In the absence of proof, the doctrine of processual presumption applies. The Court is justified is presuming
that the law of England on this matter is that same as our law.
(2) Yes. The testimony of an attorney-at-law of San Francisco, California who quoted verbatim a section of the
California Civil Code and stated that it was in force is sufficient evidence to establish the existence of said law.
(3) No. Under the Federal Law, which is equally enforceable in California, a Filipino is bound to pay the same, there
being no reciprocity recognized in respect thereto.
(4) The appraisal of the land is presumed valid unless contrary is shows. As regards the stocks, the fair market value
should be taxed on the basis of the price prevailing in our country.
(5) Only the P10,000 indebtedness is disallowed. This was incurred outside the country and the value of the estate
outside should have been reported in order to have proper computation of the deduction.
(6) No. In the absence of contrary statutory provision, the National Government cannot be required to pay interest.

You might also like