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(영문) 서울고등법원 2013. 12. 13. 선고 2013누15974 판결

신빙성이 인정되는 입증이 이루어진 필요경비에 한하여 추가로 필요경비에 산입함 [국승]

Case Number of the immediately preceding lawsuit

Seoul Administrative Court 201Guhap935, 2013

Case Number of the previous trial

early 2009west4030 ( December 24, 2010)

Title

additional necessary expenses shall be included only in the necessary expenses for which credibility is recognized.

Summary

A lecturer fee shall be additionally included in necessary expenses as it is deemed reliable in light of the suspect interrogation protocol, the e-mail exchanged and sent, and the sales in 2006, etc., and it is insufficient to recognize that other expenses have been already included in necessary expenses or additionally paid, and it cannot be recognized as there is no other evidence to acknowledge

Related statutes

Article 27 of the Income Tax Act

Cases

2013Nu15974 Revocation of the imposition of global income tax

Plaintiff and appellant

IsaA

Defendant, Appellant

The director of the tax office.

Judgment of the first instance court

Seoul Administrative Court Decision 2011Guhap935 decided April 18, 2013

Conclusion of Pleadings

December 3, 2013

Imposition of Judgment

December 13, 2013

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1. Purport of claim

The Defendant’s disposition of imposition of global income tax for the Plaintiff on March 13, 2009 is revoked. Each disposition of global income tax for the Plaintiff on March 13, 2009, global income tax for the year 2005, global income tax for the year 2006, global income tax for the year 2006, and global income tax for the year 2007.

2. Purport of appeal

The part of the judgment of the first instance against the plaintiff shall be revoked.

The Defendant’s disposition of imposition of global income tax for the Plaintiff on March 13, 2009 is revoked. Each disposition of global income tax for the Plaintiff on March 13, 2009, global income tax for the year 2005, global income tax for the year 2006, global income tax for the year 2006, and global income tax for the year 2007.

Reasons

1. Quotation of judgments of the first instance;

The court's explanation on this case is identical to the reasoning of the court's decision of the first instance except for the second instance court's order from 2007 to 2009, the second instance court's order from 2004 to 2007. Thus, the court's explanation on this case is acceptable in accordance with the main sentence of Article 8 (2) of the Administrative Litigation Act pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Conclusion

Therefore, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.