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(영문) 대법원 2015. 06. 25. 선고 2015두43728 판결

부당행위계산부인에 따른 가산세가 처분이 위법한지 여부[국승]

Title

Whether a disposition of additional tax resulting from a wrongful calculation is unlawful;

Summary

The fact that the tax base of transfer income has been reported after legal judgment on the evaluation method or unfair acts is merely merely a lot or misunderstanding of the law, and it cannot be deemed that there is a justifiable reason to exempt the additional tax.

Related statutes

Article 167 of the Enforcement Decree of Income Tax Act

Cases

2015Du43728 Revocation of Disposition of Imposing capital gains tax

Plaintiff-Appellant

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Judgment of the lower court

Seoul High Court Decision 2014Nu64225 Decided April 23, 2015

Imposition of Judgment

July 17, 2015

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The petition of appeal does not contain any indication in the grounds of appeal and does not submit the grounds of appeal within the statutory period.

Therefore, according to Article 8(2) of the Administrative Litigation Act, Article 429 of the Civil Procedure Act, and Article 5 of the Act on Special Cases Concerning the Procedure for Appeal, it is so decided as per Disposition by the assent of all participating Justices.