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>DOJ CLEARS REGINE >By AMOR A. LOPEZ > >The Department of Justice dismissed yesterday the tax >evasion case >filed by the Bureau of Internal Revenue (BIR) against >Asia's >songbird Regine Velasquez. > >In an eight-page resolution, State Prosecutor II >Rosanne G. Elepano- >Balauag said BIR's allegation that Velasquez >"willfully attempted to >evade payment of taxes and/or failure to supply >correct and accurate >information" has no basis. > >The BIR claimed that Velasquez underdeclared her >income for 2003 to >evade the payment of correct taxes. > >Velasquez, on the other hand, blamed BIR's >overzealousness in filing >the complaint unwittingly ignoring certain procedures >and made some >shortcuts. > >Velasquez said she was never given a notice of >assessment of her tax >deficiency. > >Prosecutor Balauag said for purposes of determining >the tax due, an >examination of the taxpayer's return should first be >made prior to >the assessment of the correct amount of tax. The >required notice to >the taxpayer follows and finally a demand from the >Commissioner. > >"Evidence presented show that the BIR took the >preliminary step of >issuing the Letter of Authority for examination of >respondent's >(Velasquez) internal revenue records. However, >documents presented >clearly show that the BIR miserably failed to comply >with the >requirements on assessment, notice and demand as >provided under the >National Internal Revenue Code. > >"It appears that the BIR has yet to determine >respondent's tax >liability when the instant complaint was filed. There >was no willful >attempt to evade tax to speak of in the absence of the >assessment of >the correct taxes, notice and demand to respondent >which the BIR >should have made in the first place," Balauag said. > >"Aside from this, respondent was never really given a >reasonable >opportunity to be heard thus, the constitutional >requirement of due >process was not satisfied. > >"It should be stressed at this point that in >facilitating collection >of taxes through its intensified tax collection >campaign, the BIR is >not exempt from observing the basic principles of law >and ordinary >fairness under the due process clause of the >Constitution. Be it >noted that the notice and demand are requirements of >due process to >which every taxpayer is entitled to," Balauag said. > >The inquiry was an offshoot of the BIR's discovery of >refundable >returns filed by Velasquez for 2001, 2002 and 2003. > >http://www.tempo.com.ph/news.php?aid=21140 > >< ---------------------------------- >rv_thebirdnest · Regine Velasquez Fans Bird Nest >Group! >http://launch.groups.yahoo.com/group/rv_thebirdnest/ >----------------------------------- >

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