We are contemplating submitting to the BIR any of the following (1) an addendum to the extradjudicial settlement filed to clarify the erroneous provision and/or (2) father's affidavit expressing his true intention and clearing any ambiguity in the agreement; or (3) crossing out the pertinent words on the filed extrajudicial settlement that is causing the BIR confusion and all of us heirs countersigning it. this modification shall not affect the assessment and the estate tax already paid. But this is intended to clarify with the BIR that we are not duty bound to pay donor's tax either.
I would like to know if we can legally and rightfully do this and if we can compel the BIR to accept our documents. If yes, would you have any BIR or court ruling or legal basis which i can present to the BIR to convince them of our legal remedy?