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(영문) 대법원 2016. 12. 15. 선고 2016두52002 판결
(심리불속행) 과세대상 자산과 비과세대상 자산을 함께 양도한 경우로서 비과세대상 자산의 가액이 불분명한 경우 안분방법[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2015-Nu-6584 (2016.06)

Title

(C) If the value of the non-taxable assets is unclear, it shall be distributed in proportion to the transfer of taxable assets and non-taxable assets.

Summary

(In the case where the value of non-taxable assets is unclear, it is reasonable to calculate the standard market price of non-taxable houses in accordance with Article 99(1)1(d) of the former Income Tax Act and Article 164(11) of the former Enforcement Decree of the Income Tax Act in proportion to the calculation

Related statutes

Article 99 (Assessment of Standard Market Price)

Cases

2016Du52002 Revocation of disposition of imposing capital gains tax

Plaintiff

○ ○

Defendant

○ Head of tax office

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the judgment below and the appellate brief examined the records of this case, but the appellant's grounds of appeal are not included in the grounds provided by each subparagraph of Article 4 (1) of the Act on Special Cases Concerning the Procedure of Appeal, or are recognized to be groundless. Thus, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent of

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