MEDIATRIX HOMES INC. v. COMMISSIONER OF INTERNAL REVENUE

REPUBLIC OF THE PHILIPPINES Court ofTax Appeals QUEZON CITY Third Division MEDIATRIX HOMES INC., CTA CASE NO. 9233 Petitioner, Members: -versus- BAUTISTA, Chairperson FABON-VICTORINO, and RINGPIS-LIBAN, fl. COMMISSIONER OF INTERNAL Promulgated: REVENUE, Respondent. MAY 2 18 ? - - - 2 ; y.,.. I'" ..... . x-----------------------------------------------------------------------------------------x RESOLUTION For resolution is petitioner's Motion to Withdraw Petition for Review ("Motion") filed on April 12, 2018; with no comment from respondent despite notice. In its Motion, petitioner avers that the Commissioner of Internal Revenue (" CIR") has the power to compromise, abate, and refund or credit taxes; that efforts have been underway relating to the conclusion of a Compromise Agreement between petitioner and respondent; and that the Agreement is now at its final stages. Petitioner then prays for the withdrawal of the Petition for Review and the dismissal of the instant case. On April18, 2018, respondent was ordered to file his comment to petitioner's Motion, which he failed to do per Records Verification Report issued by the Judicial Records Division on May 9, 2018. This Court finds merit in petitioner's Motion. Section 3, Rule 50 of the Revised Rules of Court provides as follows: RULE 50

RESOLUTION CTA CASE NO. 9233 Page 2 of2 DISMISSAL OF APPEAL XXX XXX XXX SEC. 3. Withdrawal of appeal. - An appeal may be withdrawn as of right at any time before the filing of the appellee's brief. Thereafter, the withdrawal may be allowed in the discretion of the court. Considering that petitioner's Motion is reasonable and that respondent was given the opportunity to file his opposition, the Court finds merit in the Motion. WHEREFORE, petitioner's Motion to Withdraw Petition for Review is hereby GRANTED. Accordingly, the Petition for Review is considered WITHDRAWN and the case is hereby considered CLOSED and TERMINATED. SO ORDERED. LOVE~R. BAUTISTA Associate Justice ~. ~ ..J'- MA. BELEN M. RINGPIS-LIBAN Associate Justice