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COMMISSIONER OF INTERNAL REVENUE,</b> Petitioner, vs. McGEORGE FOOD INDUSTRIES, INC., Respondent.

Commissioner of Internal Revenue vs. McGeorge Food Industries, Inc.

G.R. No. 174157 | 2010-10-20



Republic of the Philippines
SUPREME COURT
Manila


SECOND DIVISION


G.R. No. 174157               October 20, 2010


COMMISSIONER OF INTERNAL REVENUE, Petitioner,

vs.

McGEORGE FOOD INDUSTRIES, INC., Respondent.


D E C I S I O N


CARPIO, J.:


The Case


For review1 are the rulings2 of the Court of Appeals affirming a tax refund despite an earlier decision of the corporate taxpayer to apply its overpayment to future tax liability.


The Facts


On 15 April 1998, more than three months after Republic Act No. 8424 or the Tax Reform Act of 1997 (1997 NIRC) took effect on 1 January 1998, respondent McGeorge Food Industries, Inc....