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Philippine Bar review · Question

Practice question: Tax Avoidance and Tax Evasion

Multiple Choice Medium

Practice question

A business deliberately omits taxable sales from its books and return to pay less than it knows is due. Which conclusion is best?
  1. Calling it planning makes it lawful
  2. Payment of some tax necessarily cures the concealment
  3. A private memorandum can authorize the omission
  4. All understatements are necessarily innocent
  5. The intentional unlawful omission supports tax evasion rather than lawful avoidance

Legal references

  • CIR v. Estate of Toda, G.R. 147188, September 14, 2004: https://lawphil.net/judjuris/juri2004/sep2004/gr_147188_2004.html

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