Taxation Law 1 and government official defeat the right of the Atty. Vela. State to collect the correct taxes due on an individual or juridical person. Instructions: For TRUE or FALSE questions, write true 17. TRUE or FALSE: The State cannot be stooped by only if the statement/s is/are ABSOLUTELY TRUE, the neglect of its agents and officers. otherwise, write FALSE and the word/s that make/s the 18. Explain in not more than 3 sentences the statement FALSE. For other items, explain your answer Necessity Theory of Taxation in not more than 1 paragraph. 19. Explain in not more than 3 sentences the Benefits Protection Theory. 1. True or False: Taxation is the power by which 20. TRUE or FALSE: legislature has limited scope as the sovereign raises revenue to defray the to the persons, property, or occupation to be necessary expenses of the government. taxed, where there are no constitutional 2. True or False: Taxes are enforced proportional restrictions, provided, the property is within the contributions from person and property only. territorial jurisdiction of the taxing state. 3. In the case of Algue, did the CIR correctly 21. TRUE or FALSE: Levy / Imposition refers to the enactment of tax laws or statutes. disallowed the 75,000 deduction claimed by 22. TRUE or FALSE: Payment signifies an act of Algue as legitimate expense in its income compliance by the taxpayer. returns? 23. TRUE or FALSE: The sole arbiter of the purposes 4. TRUE or FALSE: In the case of Roxas vs CTA, the for which taxes shall be levied is the Supreme sale of the Nasugbu farm lands is an ordinary Court. gain subject to 100% tax following the lifeblood 24. TRUE or FALSE: Amount gathered in the exercise doctrine in taxation. of taxation contemplates of no limits 5. TRUE or FALSE: The primary and only purpose 25. TRUE or FALSE: Building permit is a tax. of taxation is revenue generation. 6. TRUE or FALSE: The power of taxation may be PART II. ESSAY. Answer the following questions and used as an implement of the police power of explain your answers. A mere yes or no will merit zero the State through the imposition of taxes with points. the end in view of regulating a particular activity. A. What is the nature of a vehicle registration 7. TRUE or FALSE: The power of taxation may be fees? Are they taxes or regulatory fees? used as an implement of the power of imminent domain B. Is the power to tax power to destroy? 8. TRUE or FALSE: Our present tax system has adopted the progressive system of taxation. 9. TRUE or FALSE: Taxation does not encourage the growth of local industries because of the imposition of taxes. 10. TRUE or FALSE: Tarif and Customs Code allows the imposition of certain taxes upon imported goods or articles to protect our local industries. 11. TRUE or FALSE: Fiscal Adequacy means Tax laws must be capable of effective and efficient enforcement. 12. TRUE or FALSE: Administrative Feasibility means A sound tax system must take into consideration the taxpayers’ ability to pay. 13. TRUE or FALSE: Theoretical Justice means Sources of revenues must be adequate to meet government expenditures. 14. TRUE or FALSE: A tax law will remain valid even if it is not in consonance with the principles of fiscal adequacy, and administrative feasibility. 15. TRUE or FALSE: A tax law will remain valid even if it is not in consonance with the principles of fiscal adequacy, and theoretical justice.