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Philippine Bar review · Question

Practice question: Lifeblood Doctrine

Multiple Choice Medium

Practice question

A taxpayer refuses an otherwise lawful due tax because a pending refund claim has not yet been granted. Which is best under Philex?
  1. The pending claim does not itself authorize postponing payment
  2. Every pending claim suspends all taxes
  3. Only the taxpayer’s preferred schedule controls
  4. Refund applications automatically cancel assessments
  5. The taxpayer becomes the collector

Legal references

  • https://lawphil.net/judjuris/juri1988/feb1988/gr_l-28896_1988.html — CIR v. Algue, Inc., G.R. No. L-28896, February 17, 1988, main opinion
  • https://lawphil.net/judjuris/juri1998/aug1998/gr_125704_1998.html — Philex Mining v. CIR, G.R. No. 125704, August 28, 1998, main opinion

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