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(영문) 대법원 2016. 12. 27. 선고 2016두51931 판결
실제 지급한 것이 확인되는 않는 공사원가는 필요경비로 인정할 수 없다.[일부국패]
Case Number of the previous trial

Early High Court Decision 2013J 3918 (Law No. 15, 2014)

Title

The cost of the construction project whose actual payment is not confirmed shall not be deemed necessary expenses.

Summary

The cost of construction that is not verified to have been actually paid cannot be deemed necessary expenses, and the reporting and payment of transfer income tax while carrying on construction business and housing construction business cannot be deemed to have justifiable grounds that the Plaintiff cannot be deemed to have breached his/her duty. The Seoul High Court-2015-Nu72469 (O. 23, 2016) failure portion: The defective portion of the items omitted in the additional tax payment notice:

Related statutes

Article 27 (1) and (3) of the former Income Tax Act, Article 1 (6) of the former Enforcement Decree of the Income Tax Act

Cases

Supreme Court Decision 2016Du51931

Plaintiff-Appellant

KimA

Defendant-Appellee

ㅇㅇ세무서장

Judgment of the lower court

Seoul High Court Decision 2015Nu72469 Decided August 23, 2016

Imposition of Judgment

December 27, 2016

Text

The appeal is dismissed.

Costs of appeal are assessed against each appellant.

Reasons

Examining the lower judgment and the grounds of appeal, the allegation of the grounds of appeal by appellant is in the final appeal procedure.

- 2-

The reasons referred to in the subparagraphs of Article 4(1) of the Act on Special Cases concerning the Settlement of Small and Medium Enterprises shall not be included, or

Since it is recognized that all appeals are dismissed pursuant to Article 5 of the same Act, all participating Justices are dismissed.

It is so decided as per Disposition by the assent of all participating Justices.

December 27, 2016

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