Zamora vs. Collector of Internal Revenue

Jun 21st, 2015
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The CIR (L-15280) also appealed, claiming that the CTA erred in giving credence to the uncorroborated testimony of Mariano Zamora that he bought the said real property in question during the Japanese occupation.

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Zamora vs. Collector of Internal RevenueMay 31, 1963PAREDES, J.Mica Maurinne M. AdaoThis is a consolidation of 4 cases. This only covered issues under depreciation. Thus, this will not include the issues not related to deductions in the last 2 casesSummary: Mariano Zamora owner of the Bay View Hotel was assessed for deficiency tax by the CIR because of disallowed deductions of promotion expense and depreciation. On the promotion expense, CTA found that the trip was a business and medical trip thus only half of the expenses incurred for that trip was allowed to be deducted. SC affirmed. On the depreciation, Zamora insisted on applying 3.5 depreciation rate as opposed to the 2.5 depreciation rate used by the CTA. The 3.5 % was based on a book on Hotel Management, while the 2.5 % was based on Bulletin F, a publication of the US Federal Internal Revenue Service, which was made after a study of the lives of the properties. SC ruled that the 2.5% depreciation rate was correctly used.Doctrine: (implied) Normally, an average hotel building is estimated to have a useful life of 50 years, but inasmuch as the useful life of the building for business purposes depends to a large extent on the suitability of the structure to its use and location, its architectural quality, the rate of change in population, the shifting of land values, as well as the extent and maintenance and rehabilitation, useful life can be adjusted. (In this case it was adjusted to 40 years)FACTS:Mariano

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