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(영문) 대법원 2019. 04. 24. 선고 2019두32108 판결
(심리불속행) 부외 경비의 입증책임은 이를 주장하는 납세자에게 있음[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2018-Nu-50521 ( December 14, 2018)

Title

(A) The burden of proof for extra expense shall be borne by the taxpayer who asserts such burden.

Summary

To constitute an amount that can be included in deductible expenses as entertainment expenses under Article 25 (5) of the former Corporate Tax Act, it shall be proved through objective data to verify how much amount of money was paid to a business party for a certain purpose.

Related statutes

Article 19 of the Corporate Tax Act, Article 25 of the Corporate Tax Act

Cases

2019Du32108 Revocation of Disposition of Imposing Corporate Tax

Plaintiff-Appellant

Law Firm AAA

Defendant-Appellee

BB Director of the Tax Office

Judgment of the lower court

Seoul High Court Decision 2018Nu50521 Decided December 14, 2018

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the allegation in the grounds of appeal by appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by

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