This case has been cited 1 times or more.
|
2013-02-06 |
BRION, J. |
||||
| However, we cannot interpret Section 42 of Regulations No. 26 to mean that anyone who "uses" the document, regardless of whether such person is a party to the transaction, should be liable, as this reading would go beyond Section 173 of the 1986 Tax Code the law that the rule seeks to implement. Implementing rules and regulations cannot amend a law for they are intended to carry out, not supplant or modify, the law.[31] To allow Regulations No. 26 to extend the liability for DST to persons who are not even mentioned in the relevant provisions of any of our Tax Codes, particularly the 1986 Tax Code (the relevant law at the time of the subject transactions) would be a clear breach of the rule that a statute must always be superior to its implementing regulations. | |||||