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Boada vs. Posadas, et al.

EMILIO BOADA, plaintiff-appellee, vs. JUAN POSADAS, Collector of Internal Revenue, defendant-appellant.

G.R. No. 36994 | 1933-03-30

D E C I S I O N

OSTRAND, J:

This is an appeal to determine whether or not the appellee is a merchant and is therefore liable to pay internal revenue taxes imposed and collected by the Collector of Internal Revenue.

It appears in the record that Emilio Boada, Pedro Boada, and Jose Boada were partners of "Los Catalanes de Pedro Boada". They were engaged in the sale of merchandise until February 1, 1927, when the partnership was dissolved in order to merge it into the corporation known as "Boada, Castro & Peñafiel", which merger resulted in a new corporation of which Emilio Boada was a stockholder. The interest of Emilio consisted...