Decision
Beam v. Yatco
G.R. No. L-48122 · 1948-10-29 · PERFECTO, J. · LawPhil
A. W. BEAM, A. W. BEAM, Jr., and EUGENIA BEAM, the latter two assisted by their guardian ad litem , John W. Haussermann, plaintiffs-appellants, vs. A. L. YATCO, Collector of Internal Revenue of the Philippines, defendant-appellee. Ross, Selph, Carrascoso and Janda for appellants. Office of the…
PERFECTO, J.:
On July 17, 1937, plaintiffs filed a complaint praying that the amount of P343,298.72, paid by them as inheritance tax, be refunded to them as follows: P40,480 to A. W. Beam, P151,409.36 to A. W. Beam, Jr. and P151,409.36 to Eugenia Beam. In March, 1938, the parties entered into a stipulation of facts from which the following can be gathered: That on or before April 26, 1937, the Collector of Internal Revenue declared and assessed the following items of property of A. W. Beam and Lydia McKee Beam at the time of the death of the latter on October 18, 1934, at P8,100,544.91: 15,000 shares of stock of Beam Investment Company, evidenced by Certificates Nos. 2, 15 and 25 issued to and in the name of Lydia McKee Beam; 88,163 shares of stock of Beam Investment Company, evidenced by Certificates Nos. 11, 23 and 24 issued to and in the name of A. W. Beam; 500 shares of stock of Benguet Consolidated Mining Company, evidenced by Certificate No. 3342 issued to and in the name of A. W. Beam; 2,080 shares of stock of Balatoc Mining Company, evidenced by Certificates Nos. 600, 614 and 809 issued to and in the name of A. W. Beam; 5,000 shares of stock of Beam Investment Company evidenced by Certificates Nos. 17 and 26 issued to and in the name of A. W. Beam, Junior; Deposit of P2,933.18 in Manila Building and Loan Association in the name and to the credit of A. W. Beam, Junior; 5,000 shares of stock of Beam Investment Company, evidenced by Certificates Nos. 19 and 27 issued to and in the name of Eugenia Beam; Deposit of P2,933.18 in Manila Building and Loan Association in the name and to the credit of Eugenia Beam.
One-half thereof, appraised at P4,050,272.46, was the estate to the deceased Lydia McKee Beam located in the Philippines and transmitted to plaintiffs and to Syrena McKee and Rose P. McKee by virtue of inheritance, devise, or bequest, gifts mortis causa or advance in anticipation of inheritance, and the collector assessed and demanded inheritance taxes thereon as follows: Heirs Share Tax A. W. Beam P532,375.00 P40,480.00 A. W. Beam, Jr. 1,749,448.73 151,409.36 Eugenia Beam 1,749,448.73 151,409.36 Syrena McKee 10,000.00 200.00 Rose T. McKee 10,000.00 200.00