G.R. No. 46720, June 28, 1940.
Birdie Lillian Eye died in Los Angeles, California, the place of her alleged last residence and domicile. Among the properties she left was 35,000 shares of stock in the Benguet Consolidated Mining Company, a Philippine corporation. Her will was duly admitted to probate in California. Wells Fargo was duly appointed trustee.
The CIR sought to subject the shares of stock to the Philippine inheritance tax.
Wells Fargo protested. It concedes that (a) the Philippine inheritance tax is not a tax on property, but upon transmission by inheritance and (b) intangibles, like the shares of stocks, their situs is in the domicile of the owner thereof, and, therefore, their transmission by death necessarily takes place under his domiciliary laws.