CIR v Bautista

Facts: Spouses Pedro B. Bautista and Dativa Corrales Tan each filed a separate income tax return for
1947. Bureau of Internal Revenue, the returns were consolidated and a deficiency was assessed against
them in the sum of P15,564.54. they contested that that the right to assess the deficiency income tax
had prescribed.

Issue: WON the period to assessed already prescribed

Held: Held: With respect to prescription, the income tax returns of the Bautistas for 1947 are deemed
filed as of March 1, 1948. Section 331 of the Tax Code provides that the deficiency assessment must be
made within five years after the return was filed, and the assessment is deemed made when the notice
to this effect is released, mailed or sent by the Collector to the taxpayer, for the purpose of giving effect
to said assessment. Said section does not require that the notice be received by the taxpayer within the
said period of five years.