An executor is a person who assumes the duties of liquidating an estate of a deceased person who does not have a trust to define how assets are distributed.
In invoking this provision, one can assume that the BIR is looking from the viewpoint of the stockholder whereby it has all the characteristic of an outright sale.
At the CTA division level, however, the Court clarified that mere distribution of liquidating dividend on account of the dissolution of a corporation is not to be treated as sale for purposes of the imposition of capital gains tax.
AS early as 1947, our Supreme Court had already characterized the gain or loss sustained by a stockholder of a corporation as a taxable income or a deductible loss.
The same was reiterated in 2008 where the SC emphasized that any gain on the part of the stockholder is subject to income tax.
One of the reasons is that the conveyance of real property as a result of a valid dissolution is without any consideration.
In sum, the CTA decision followed the justification of the 2008 SC decision.The debt will remain until the statute of limitation has expired, and as there is no longer a debtor to pay what is owed, the debt must be written off by the creditor. The most senior claims belong to secured creditors who have collateral on loans to the business.Assets are distributed based on the priority of various parties’ claims, with a trustee appointed by the U. These lenders will seize the collateral and sell it—often at a significant discount, due to the short time frames involved.In the simplest terms, this means selling the position for cash; another approach is to take an equal but opposite position in the same security—for example, by shorting the same number of shares that make up a long position in a stock.A broker may forcibly liquidate a trader’s positions if the trader’s portfolio has fallen below the margin requirement, or she has demonstrated a reckless approach to risk-taking., as it is called, and compromised with his creditors, reserving to himself a pretty little capital of some eighty or a hundred thousand dollars, by means of judicious payments to confidential creditors, his wife and daughter saw all THEY most prized taken away, and the town was filled with the magnitude of their sacrifices, and with the handsome manner in which both submitted to make them.