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Philippine Bar review · Question

Practice question: Effect of Failure to Appeal

Multiple Choice Medium Jurisprudence

Practice question

The CIR has not decided a properly instituted disputed-assessment protest after the applicable 180-day period. The taxpayer elects to await the final decision rather than appeal inaction. Does the waiting choice alone make the assessment final under Lascona?
  1. Yes, all waiting is prohibited
  2. Yes, the only remedy is immediate appeal of inaction
  3. Yes, even before any decision exists
  4. Yes, if the tax amount is large
  5. No; Lascona recognizes that waiting option, with timely appeal required upon receipt of the eventual final decision

Legal references

  • NIRC Sections204,228 and229: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/3896
  • Lascona Land v. CIR, GR171251, March5 2012, main decision: https://lawphil.net/judjuris/juri2012/mar2012/gr_171251_2012.html
  • RA9282 amending RA1125, CTA appeal provisions: https://lawphil.net/statutes/repacts/ra2004/ra_9282_2004.html

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