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STUDY OF TAX SAVING SCHEMES IN MUTUAL FUNDS IN

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G.R. No. 195909 September 26, 2012
COMMISSIONER OF INTERNAL REVENUE, Petitioner,
vs.
ST. LUKE'S MEDICAL CENTER, INC., Respondent.
x - - - - - - - - - - - - - - - - - - - - - - - x
G.R. No. 195960
ST. LUKE'S MEDICAL CENTER, INC., Petitioner,
vs.
COMMISSIONER OF INTERNAL REVENUE, Respondent.
D E C I S I O N
CARPIO, J.:
The Case
These are consolidated
1
petitions for review on certiorari under Rule Medical Center, Inc. is ORDERED TO PAY the deficiency
income tax in 1998 based on the 10% preferential income tax rate under Section 27(8) of the National Internal Revenue Code.
However, it is not liable for surcharges and interest on such deficiency income tax under Sections 248 and 249 of the National
Internal Revenue Code. All other parts of the Decision and Resolution of the Court of Tax Appeals are AFFIRMED.
The petition of St. Luke's Medical Center, Inc. in G.R. No. 195960 is DENIED for violating Section 1, Rule 45 of the Rules of Court.
SO ORDERED.
ANTONIO T. CARPIO
Associate Justice

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G.R. No. 171742 June 15, 2011
COMMISSIONER OF INTERNAL REVENUE, Petitioner,
vs.
MIRANT (PHILIPPINES) OPERATIONS, CORPORATION, Respondent.
x - - - - - - - - - - - - - - - - - - - - - - -x
G.R. No. 176165
MIRANT (PHILIPPINES) OPERATIONS CORPORATION (formerly: Southern Energy Asia-Pacific Operations (Phils.), Inc.),
Petitioner,
vs.
COMMISSIONER OF INTERNAL REVENUE, Respondent.
D E C I S I O N
MENDOZA, J.:
These are two consolidated petitions for review on certiorari under Rule 45 of the Rules of Court.
In G.R. No. 171742, petitioner Commissioner of Internal Revenue (CIR) seeks the reversal of the January 17, 2006 Decision
1
and
March 9, 2006 Resolution
2
of the Court of Tax Appeals (CTA) En Banc in CTA E.B. Case No. 123.
In G.R. No. 176165, petitioner Mirant (Philippines) Operations, Corporation (Mirant) seeks the reversal of the October 26, 2006
Decision
3
and January 5, 2007 Resolution
4
of the CTA En Banc in CTA E.B. Case No. 125.
THE FACTS
Petitioner is empowered to perform the lawful duties of his office including, among others, the duty to act on and approve claims
for refund or tax credit as provided by law.
Respondent Mirant is a corporation duly organized and existing under and by virtue of the laws of the Republic of the Philippines,
with principal office at Bo. Ibabang Pulo, Pagbilao Grande Island, Pagbilao, Quezon.
5
Mirant also operated under the names Southern Energy Asia-Pacific Operations (Phils.), Inc., CEPA Operations (Philippines)
Corporation; CEPA Tileman Project Management Corporation; and Hopewell Tileman Project Management Corporation.
6
Mirant, duly licensed to do business in the Philippines, is primarily engaged in the design, construction, assembly, commissioning,
operation, maintenance, rehabilitation and management of gas turbine and other power generating plants and related facilities
using coal, distillate, and other fuel provided by and under contract with the Government of the Republic of the Philippines or
any subdivision, instrumentality or agency thereof, or any government-owned or controlled corporations or other entities
engaged in the development, supply or distribution of energy.
7
Mirant entered into Operating and Management Agreements with Mirant Pagbilao Corporation (formerly Southern Energy
Quezon, Inc.) and Mirant Sual Corporation (formerly Southern Energy Pangasinan, Inc.) to provide these companies with
maintenance and management services in connection with the operation, construction and commissioning of coal-fired power
stations situated in Pagbilao, Quezon, and Sual, Pangasinan respectively.
8
On October 15, 1999, Mirant filed with the Bureau of Internal Revenue (BIR) its income tax return for the fiscal year ending June
30, 1999, declaring a net loss of P235,291,064.00 and unutilized tax credits of P 32,263,388.00:

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G.R. No. 195909               September 26, 2012 COMMISSIONER OF INTERNAL REVENUE, Petitioner, vs. ST. LUKE'S MEDICAL CENTER, INC., Respondent. x - - - - - - - - - - - - - - - - - - - - - - - x G.R. No. 195960 ST. LUKE'S MEDICAL CENTER, INC., Petitioner, vs. COMMISSIONER OF INTERNAL REVENUE, Respondent. D E C I S I O N CARPIO, J.: The Case These are consolidated1 petitions for review on certiorari under Rule Medical Center, Inc. is ORDERED TO PAY the deficiency income tax in 1998 based on the 10% preferential income tax rate under Section 27(8) of the National Internal Revenue Code. However, it is not liable for surcharges and interest on such deficiency income tax under Sections 248 and 249 of the National Internal Revenue Code. All other parts of the Decision and Resolution of the Court of Tax Appeals are AFFIRMED. The petition of St. Luke's Medical Center, Inc. in G.R. No. 195960 is DENIED for violating Section 1, Rule 45 of the Rules of Court. SO ORDERED. ANTONIO T. CARPIO Associate Justice G.R. No. 171742              June 15, 2011 COMMISSIONER OF INTERNAL REVENUE, Petitioner, vs. MIRANT (PHILIPPINES) OPERATIONS, CORPORATION, Respondent. x - - - - - - - - - - - - - - - - - - - - - - -x G.R. No. 176165 MIRANT (PHILIPPINES) OPERATIONS CORPORATION (formerly: Southern Energy Asia-Pacific Operations (Phils.), Inc.), Petitioner, vs. COMMISSIONER OF INTERNAL REVENUE, Respondent. D E C I S I O N MENDOZA, J.: These are two consolidated petitions ...
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