BIR to appeal ruling on Judy Ann Santos tax evasion case

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Wednesday, January 16, 2013

MANILA -- The Bureau of Internal Revenue (BIR) said Wednesday it will appeal the decision of a Court of Tax Appeals (CTA) division that cleared actress Judy Ann Santos of tax evasion.

In a statement, the revenue agency said it will be filing a petition for certiorari with the CTA en banc questioning the decision on the criminal aspect.

Reports said Santos was found not guilty by CTA third division because she only underdeclared her income from movie projects and commercial endorsements in 2002.

However, she was ordered to pay the civil liability amounting to P3.418 million representing income tax deficiency for 2002 plus 20 percent delinquency interest computed from 2008 until fully paid.

"It has always been the BIR’s position that the tax code provides for a presumption of fraud in cases of underdeclaration of 30-percent. Ms. Santos' underdeclaration exceeds 100 percent and the defense never submitted any evidence to disprove such presumption," the BIR said.

It also scored the CTA decision for ignoring "willful blindness doctrine," where taxpayers can no longer blame their accountants for their fraudulent returns. The concept was affirmed by the Supreme Court. (Virgil Lopez/Sunnex)

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