Whether the purchase price of the scrap metal equivalent to the quantity of the scrap metal sold can be excluded from necessary expenses in determining the business income of the scrap metal wholesaler (negative)

In principle, the sales of scrap metal wholesale business is established by the volume of the scrap metal purchased differently from the general manufacturing business. Thus, the amount of total revenue shall not be excluded from the same quantity when calculating necessary expenses, unless special circumstances exist, such as where there is a processed sales quantity in determining the business income of the scrap metal wholesaler, where the quantity of the processed sales has been increased, the quantity carried over, or the unit sales price has been fabricated, or where there was a fact that the scrap metal wholesaler fabricated the sales price.

Article 31 of the Income Tax Act

Supreme Court Decision 84Nu88 Delivered on June 26, 1984

[Judgment of the court below]

Head of North Daegu Tax Office

Daegu High Court Decision 88Gu26 delivered on September 21, 1988

The judgment below is reversed, and the case is remanded to the Daegu High Court.

We examine the grounds of appeal.

According to the reasoning of the judgment below, the court below recognized that the plaintiff is a person who runs the scrap metal wholesale business in the trade name of ○○ enterprise and the non-party 1, who issued 38 copies of the tax invoice in this case to the plaintiff, was a disguised business operator without selling the scrap metal recorded in the tax invoice, and determined that the plaintiff was justifiable in recognizing the above scrap metal transaction as the necessary expenses on the ground that the plaintiff did not disclose the specific amount of the scrap metal purchased from the above non-party 1 on the account book in this case, and there was no other way to confirm it differently.

In addition, it should be viewed that the sales of scrap metal, unlike the general manufacturing industry, is established in proportion to the quantity of scrap metal purchased.

According to the records, the amount of scrap metal purchased by the plaintiff under the above tax invoice is equivalent to 18,975,00 won and its quantity is 235,280 kilograms (this is up to 13.19% of the first term sales of the business year 1983). In determining the business income of the plaintiff who runs a scrap metal wholesale business in this case in the above tax year, the amount of its total revenue was reported by the plaintiff as the sales price for the same business year, and if it was excluded from the above quantity of the scrap metal purchase price, it would result in the plaintiff's sales without purchase, and thus, it would be clearly determined whether the plaintiff's new sales price was legitimate within the limit of the amount of the first term sales price of the non-party 1,782,620 kilograms, and whether the plaintiff's new sales price of the second term sales price of the non-party 1, 284,286,284,286,200,000 won.

Therefore, without further proceeding to decide on the remainder of the grounds of appeal by the Plaintiff, the judgment below is reversed and the case is remanded to the court below. It is so decided as per Disposition by the assent of all participating Justices

Justices Kim Young-ju (Presiding Justice)