(심리불속행) 주식의 시가를 보충적 평가방법으로 산정하여 과세한 처분은 적법함[국승]
Seoul High Court 2010Nu4009 (Law No. 19, 2011)
Cho High Court Decision 2009Du2414 ( October 31, 2010)
(1) The disposition that calculated and taxed the market price of shares as a supplementary assessment method is legitimate.
The disposition imposing gift tax on the Plaintiff by denying the transaction value and calculating the market price of shares through supplementary valuation methods is legitimate, on the grounds that the Plaintiff’s acquisition and sale of shares is a transaction between related parties; there is no stock transaction between related parties; there is no appraisal price; and there is no appraisal price.
2011Du1412 Revocation of Disposition of Imposition of Gift Tax
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O Head of tax office
Seoul High Court Decision 2010Nu4009 Decided May 19, 201
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
As the Plaintiff did not state the grounds of appeal in the petition of appeal filed by the Plaintiff, and did not submit the appellate brief within the statutory period (the appellate brief submitted by the Plaintiff was received on August 9, 201 after the expiration of the statutory period), Article 429 of the Civil Procedure Act and Article 5 of the Act on Special Cases Concerning the Procedure for Final Appeal is decided as per Disposition by the assent of all participating Justices.
Reference materials.
If the grounds of final appeal are not included in the grounds of final appeal that make it appropriate for the court of final appeal to become a legal trial, such as matters concerning significant violation of Acts and subordinate statutes, etc., the system of trial without continuing the deliberation on the merits of the grounds of final appeal, and refers to the system of dismissal of final appeal by judgment without continuing the deliberation on the merits of the grounds of final appeal (see this case, e.g.,