Title
Ferdez HermaNo. Inc. vs. Commissioner of Internal Revenue
Case
G.R. No. L-21551
Decision Date
Sep 30, 1969
Fernandez Hermanos, Inc. disputed deficiency income tax assessments (1950-1954, 1957) over losses, depreciation, and net worth adjustments. CTA rulings on deductions, taxable gains, and prescription affirmed by Supreme Court.

Case Digest (G.R. No. L-21551)
Expanded Legal Reasoning Model

Facts:

  • Parties and Procedural History
    • Fernandez Hermanos, Inc., a domestic investment corporation, appealed two Court of Tax Appeals (CTA) decisions on income tax liabilities: CTA Case No. 787 (years 1950–1954; G.R. Nos. L-21551 & L-21557) and CTA Case No. 1389 (year 1957; G.R. Nos. L-24972 & L-24978).
    • Commissioner of Internal Revenue cross-appealed adverse rulings in both sets of cases; Supreme Court consolidated the four appeals due to interrelated issues.
  • Assessments and CTA Decisions
    • Years 1950–1954
      • Commissioner’s assessments: P13,414 (1950), P119,613 (1951), P11,698 (1952), P6,887 (1953), P14,451 (1954)—total P166,063.
      • Disallowed deductions:
1) Losses/bad debts in Mati Lumber Co., Palawan Manganese Mines, Balamban Coal Mines, Hacienda Dalupiri, Hacienda Samal. 2) Excessive 10% depreciation on buildings. 3) Increases in net worth treated as income. 4) Unreported gain of P11,147.26 on property sale.
  • CTA modified deficiency to P123,436 with breakdown by year.
  • Year 1957
    • Net income per return: P29,178.90; Commissioner added disallowed Dalupiri loss (P89,547.33) and contractual-rights amortization (P48,481.62), arriving at net income P167,297.65 and deficiency tax P38,918.76.
    • CTA allowed Dalupiri loss, disallowed contractual-rights amortization; reduced deficiency to P9,696.00.

Issues:

  • Disputed Deductions for 1950–1954
    • Allowance of losses/bad debts:
      • Mati Lumber Co. stock write-off
      • Advances to Palawan Manganese Mines, Inc.
      • Balamban Coal Mines operating losses
      • Hacienda Dalupiri and Hacienda Samal losses under inventory method
    • Rate of depreciation for buildings (10% claimed vs. proof for 3%)
    • Treatment of net worth increases from book corrections as taxable income
    • Alleged unreported gain from 1950 real property sale
    • Prescription: whether government’s right to collect deficiencies had lapsed
  • Disputed Deductions for 1957
    • Deductibility of Hacienda Dalupiri losses using hybrid (cash/accrual) accounting
    • Amortization/depletion of “contractual rights” and mining titles valued at P100,000

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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