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SC stops tax court from collecting P3.2-B bond from Pacquiao
(UPDATED 8:38 p.m.) The Supreme Court has issued a temporary restraining order on the Court of Tax Appeals' ruling requiring boxing champ Manny Pacquiao and his wife Jinkee to post a P3.2-billion cash bond or a P4.9-billion surety bond in connection with the P3.2-billion tax evasion case filed against them.
The high tribunal similarly stopped the Bureau of Internal Revenue from pursuing the alleged tax deficiency of the couple for the years 2008 and 2009.
The Pacquiaos earlier asked the SC for the reprieve of issuing a TRO on the CTA and the BIR's actions against them due to the multibillion-peso tax case.
The tax evasion trial will, however, continue after the SC Third Division said the CTA "is enjoined to proceed with CTA Case No. 8683 with deliberate dispatch."
"Respondent Commissioner of Internal Revenue [Kim Jacinto-Henares], her agents, representatives, or persons acting in her place or stead, are hereby enjoined from issuing, executing, enforcing, implementing, or otherwise giving effect to any warrant of distraint and/or levy, warrants of garnishment, and notice of tax lien, and from attempting to collect any tax on the basis of the deficiency income tax and value added tax assessments against petitioners for the years 2008 and 2009, as well as any increments thereon, and from doing any and all acts relative thereto," the SC's Third Division said in a ruling.
The high tribunal, "without necessarily giving due course" to the Pacquiao couple's petition, also required the CTA First Division and the BIR to submit their respective comments on the petition within 10 days.
The SC division also said, in the notice of resolution signed by division clerk of court Wilfredo Lapitan, that the TRO "extends indedinitely and until further orders from the court."
The BIR had earlier filed a tax case against the boxing champ, who is also the Sarangani representative, after assessing that Pacquiao had incurred "deficiency income and value-added tax" from 2008 to 2009, worth P2.2 billion.
Penalties and surcharges caused the deficiency to balloon to P3.2 billion.
On August 1, 2013, Pacquiao filed a "Petition for Review for the reduction of, and the return of any excess, filing fees assessed and paid in the instant case, for lack of merit."
Spouses Manny and Jinkee Pacquiao then filed on October 18 an "Urgent Motion to Lift Warrants of Distraint and Levy and Garnishment and for the Issuance of an Order to Suspend the Collection of Tax (With Prayer for the Issuance of A Temporary Restraining Order)."
Last April, the Court of Tax Appeals told the BIR to lifting the garnishment on Pacquiao's assets. However, the tax court also ordered the Pacquiao couple to deposit a cash bond worth over P3.2 billion or file a P4.9-billion surety bond to cover their tax deficiencies.
The Pacquiaos sought partial reconsideration from the CTA by asking that the bond be reduced, but the tax court refused to heed their plea, prompting Pacquiao to elevate the matter to the Supreme Court. —NB/KG, GMA News
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