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(영문) 대법원 2016. 03. 10. 선고 2015두57628 판결

양도소득세 신고시 허위계약서를 제출한 행위를 종합소득세에 대한 사기 기타 부정한 행위로 볼 수 있는지 여부[국승]

Case Number of the immediately preceding lawsuit

Daegu High Court 2015Nu5239 ( October 23, 2015)

Title

Whether the act of submitting a false contract at the time of return of transfer income tax can be seen as a fraudulent or other unlawful act of global income tax

Summary

The plaintiff filed a false real estate transfer contract with the tax authority to report a penalty received upon termination of the contract, and to conceal such fact at the time of filing a transfer income tax return. Such a series of acts constitute "Fraud and other unlawful acts that make it impossible or considerably difficult to impose and collect global income tax."

Dismissal of Disorder in Trial

Related statutes

Article 26-2 of the National Tax Basic Act

Article 21 of the Income Tax Act

Cases

2015du57628 The detailed global income and revocation of disposition

Plaintiff-Appellant

AA

Defendant-Appellee

O Head of tax office

Judgment of the lower court

Daegu High Court Decision 2015Nu5239 decided October 23, 2015

Imposition of Judgment

March 10, 2016

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The ground of appeal was examined in comparison with the records of this case and the judgment below, but the ground of appeal was examined.

The argument does not include the reasons prescribed in the subparagraphs of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal

It is judged that it cannot be accepted or accepted.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.