Tax Case Digest: Commissioner of Internal Revenue vs Algue Inc GR No L-28896

By PactaSuntServanda -
Commissioner of Internal Revenue vs Algue Inc., and Court of Tax Appeals
GR No. L-28896                                        February 17, 1988

Facts:
The Philippine Sugar Estate Development Company had earlier appointed Algue Inc., as its agent, authorizing it to sell its land, factories and oil manufacturing process.As such,the corporation worked for the formation of the Vegetable Oil Investment Corporation, until they were able to purchased the PSEDC properties. For this sale, Algue Inc., received as agent a commission of P126, 000.00, and it was from this commission that the P75, 000.00 promotional fees were paid to Alberto Guevara, Jr., Eduardo Guevara, Isabel Guevara, Edith, O'Farell, and Pablo Sanchez.

Commissioner of Internal Revenue contends that the claimed deduction is not allowed because it was not an ordinary reasonable or necessary business expense. The Court of Tax Appeals had seen it differently. Agreeing with Algue Inc., it held that the said amount had been legitimately paid by the private respondent for actual services rendered. The payment was in the form of promotional fees.

Issue:
Whether or not the Collector of Internal Revenue correctly disallowed the P75, 000.00 deduction claimed by private respondent Algue Inc., as legitimate business expenses in its income tax returns.

Ruling:
No, The Supreme Court agrees with the respondent court that the amount of the promotional fees was not excessive. The P75,000.00 was 60% of the total commission. This was a reasonable proportion, considering that it was the payees who did practically everything, from the formation of the Vegetable Oil Investment Corporation to the actual purchase by it of the Sugar Estate properties. 

 The claimed deduction by the private respondent was permitted under the Internal Revenue Code and should therefore not have been disallowed by the petitioner.

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