Tuesday 22 January, 2019
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Jeane Napoles still has to pay P40M tax on posh condo

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Although she was acquitted of tax evasion, Jeane Catherine Napoles, the daughter of alleged pork barrel scam mastermind Janet Lim-Napoles, would still have to pay P40.03 million in income taxes on her Ritz Carlton condominium unit in Los Angeles.

This was because the Court of Tax Appeals (CTA) denied the appeal of reopen the proceedings on Jeane’s case protesting the Bureau of Internal Revenue’s (BIR) assessment for the years 2011 and 2012.

In a recent 17-page en banc resolution, the CTA affirmed the 2nd Division’s February 16, 2017 order throwing out the protest after Jeane’s lawyer, Ian Encarnacion, missed the pretrial conference that day.

The CTA rejected Encarnacion’s claim that he sent a representative to inform the 2nd Division that he would be late because of a board meeting in Makati City.

Encarnacion claimed his representative Manny Galamgam mistakenly thought that the hearing would be held by the 3rd Division, which at the time handled Jeane’s now-dismissed criminal charges for tax evasion.

The court, however, found Encarnacion’s alibi “self-serving and extremely unreal.” It said that if Galamgam really arrived at 11:30 a.m., he had two hours to realize his mistake before the 1:30 p.m. hearing.

It said Jeane failed to show “compelling and persuasive reasons” to warrant the relaxation of its procedural rules, especially since the pretrial conference was originally scheduled on September 29, 2016 and had to be postponed thrice at Encarnacion’s request.

“It cannot therefore be denied that petitioner was accorded all the leeway to prosecute her case, but for reason only known to her, failed to appreciate it in her favor,” read the decision penned by Associate Justice Esperanza Fabon-Victorino.

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