Log In Create Account

Philippine Bar review · Question

Practice question: Authority of Congress, Secretary of Finance, and Commissioner of Internal Revenue (CIR)

Multiple Choice Hard Jurisprudence

Practice question

A taxpayer timely invokes the proper statutory remedy from a CIR decision on a disputed assessment. An official insists that the first paragraph of Section 4 means every tax controversy must be finally resolved by the Secretary of Finance and that the CTA has no appellate role. Which answer correctly reads the provision?
  1. The official conflates two clauses; disputed-assessment decisions fall under the paragraph naming the CTA's exclusive appellate jurisdiction
  2. The Secretary's review clause abolishes the CTA
  3. All disputed assessments are exclusively legislative questions
  4. The taxpayer may ignore all statutory periods because of this distinction
  5. The Constitution forbids tax appeals

Legal references

  • NIRC Sections 4,22,23 and244: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/3896
  • 1987 Constitution, ArticleVI Sections24,28: https://lawphil.net/consti/cons1987.html
  • RA11976, Ease of Paying Taxes Act: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/96948

Answer this question in flashcards to review your response and continue practicing.