CTA Sustains BIR, Orders Arrest of President of Realty Corporation
Quezon City, 15 March 2010 –
The Court of Tax Appeals (CTA) has ordered the arrest of Jacqueline P. Marzan after finding that probable cause exists for the issuance of a Warrant of Arrest against her in the case filed by the Bureau of Internal Revenue against her for tax evasion.
The latest Resolution by the CTA in the said case again gave the BIR’s Run After Tax Evaders (RATE) program another reason to celebrate after securing convictions in at least four (4) cases including the case against Kintanar and the Pajero Lady. Jacqueline P. Marzan, allegedly a sibling of a high city hall official, was charged by the BIR in Court in her capacity as President of 8M Realty Corporation with business address located at 1633 Craig St., Sampaloc, Manila for the alleged failure of her realty company to pay deficiency income, withholding, and business taxes for the taxable year 1999 despite repeated demands made upon her by the bureau to do so.
In the Resolution rendered by the said court on February 24, 2010, the accused was charged for violation of Section 255 in relation to section 253(d) and 256 of the 1997 Tax Code , as amended.
The charges stemmed from willful, unlawful and felonious failure, refusal and neglect of Ms. Marzan to pay the deficiency income tax, VAT and final withholding tax in the amounts of P409,385.88, P745,975.68 and P439,332.84 respectively due from said corporation for the taxable year 1999 in the total amount of P1,594,694.40 under BIR Assessment Notice No. 32-99.
Records of the investigation showed that the accused made no formal protest or appeal despite notice of assessment served and repeated demands by the Bureau.
After filing of the complaint or information by the BIR, a Resolution dated November 18, 2009 was approved by the City Prosecutor of Manila and other documents on the preliminary investigation in support of the information.
On February 15, 2010, in compliance, the prosecution submitted true copy of the required written authority from the Commissioner of Internal Revenue.
Based on the information and supporting documents, the CTA found probable cause exists for the issuance of a Warrant of Arrest against the accused.
“This order validates the merits of the case filed by the BIR against tax evaders. Eventually , the long arm of the law will catch up with them,” BIR Legal & Inspection Group Deputy Commissioner Gregorio V. Cabantac said.
(Original Signed)
Please refer to: REYMARIE T. DE LA CRUZ
Chief, TIED
(Original Signed)
Approved for Release: GREGORIO V. CABANTAC
Deputy Commissioner, Legal & Inspection Group
Quezon City, 15 March 2010 –
The Court of Tax Appeals (CTA) has ordered the arrest of Jacqueline P. Marzan after finding that probable cause exists for the issuance of a Warrant of Arrest against her in the case filed by the Bureau of Internal Revenue against her for tax evasion.
The latest Resolution by the CTA in the said case again gave the BIR’s Run After Tax Evaders (RATE) program another reason to celebrate after securing convictions in at least four (4) cases including the case against Kintanar and the Pajero Lady. Jacqueline P. Marzan, allegedly a sibling of a high city hall official, was charged by the BIR in Court in her capacity as President of 8M Realty Corporation with business address located at 1633 Craig St., Sampaloc, Manila for the alleged failure of her realty company to pay deficiency income, withholding, and business taxes for the taxable year 1999 despite repeated demands made upon her by the bureau to do so.
In the Resolution rendered by the said court on February 24, 2010, the accused was charged for violation of Section 255 in relation to section 253(d) and 256 of the 1997 Tax Code , as amended.
The charges stemmed from willful, unlawful and felonious failure, refusal and neglect of Ms. Marzan to pay the deficiency income tax, VAT and final withholding tax in the amounts of P409,385.88, P745,975.68 and P439,332.84 respectively due from said corporation for the taxable year 1999 in the total amount of P1,594,694.40 under BIR Assessment Notice No. 32-99.
Records of the investigation showed that the accused made no formal protest or appeal despite notice of assessment served and repeated demands by the Bureau.
After filing of the complaint or information by the BIR, a Resolution dated November 18, 2009 was approved by the City Prosecutor of Manila and other documents on the preliminary investigation in support of the information.
On February 15, 2010, in compliance, the prosecution submitted true copy of the required written authority from the Commissioner of Internal Revenue.
Based on the information and supporting documents, the CTA found probable cause exists for the issuance of a Warrant of Arrest against the accused.
“This order validates the merits of the case filed by the BIR against tax evaders. Eventually , the long arm of the law will catch up with them,” BIR Legal & Inspection Group Deputy Commissioner Gregorio V. Cabantac said.
(Original Signed)
Please refer to: REYMARIE T. DE LA CRUZ
Chief, TIED
(Original Signed)
Approved for Release: GREGORIO V. CABANTAC
Deputy Commissioner, Legal & Inspection Group
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