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(영문) 서울행정법원 2015.11.04 2013구합61951

종합소득세부과처분취소

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1. The penalty tax amounting to KRW 177,816,350, which was imposed on the Plaintiff on August 1, 2010 by the Head of Suwon Tax Office, for the global income tax corresponding to the year 2006.

Reasons

1. Details of the disposition;

A. On August 1, 2010, the head of the Suwon Tax Office initially issued an investigation into the tax evasion offense against the Plaintiff and rendered the following dispositions against the Plaintiff.

1) The Plaintiff, while carrying on real estate rental business by constructing a new building listed in the separate sheet No. 1, sold the site and building indicated in the separate sheet No. 1, 2006. The Plaintiff reported real estate rental income of KRW 51,943,404 as global income and filed a return on global income for the year 2006 and paid transfer income tax for the year 2006. The head of the Suwon District Tax Office deemed the above income as business income and paid the transfer income tax for the year 206. The Plaintiff revised the total income tax for the year 295,923,215 (including additional taxes for unjust underreporting) as global income tax for the Plaintiff’s business income and for the Plaintiff’s omission of the return of KRW 686,349,462, the total income tax for the year 206 was 295,923,215 to 2200,625, 754,725, and 208 through 258).

The head of the Suwon Tax Office determined the Plaintiff’s total income tax for the year 2008 as KRW 776,296,514 (including additional tax, such as additional tax on no tax return), and notified the Plaintiff of KRW 659,257,950,950, which obtained by subtracting the tax amount paid under another person’s name from KRW 117,038,561, which was paid by the Plaintiff, on the ground that “the Plaintiff omitted the return of the amount of income in the name of another person by making a false report on the amount of income and by appropriating necessary expenses in the way of making a false construction contract and making a false report.”

3 Construction of each building listed in Nos. 6 through 9 of the Schedule shall be the same.