Case Number of the immediately preceding lawsuit
Busan High Court-2015-Nu20725 (Law No. 12, 2016)
Title
In order to constitute a legitimate cause, the fact that the assessed value by the supplementary evaluation method is less than the book value alone is insufficient to constitute a justifiable cause.
Summary
(2) In order to constitute an exceptional cause in the appraisal of shares in an emergency, the fact that the assessed value by the supplementary method of assessment is less than the book value is insufficient, and the burden of proof for such cause shall be borne by the person liable for duty payment.
Related statutes
Article 60 of the Inheritance Tax and Gift Tax Act
Cases
Supreme Court Decision 2016Du50730 Decided revocation of Disposition of Corporate Tax Imposition
Plaintiff-Appellant
Co., Ltd. 30
Defendant-Appellee
BB Director of the Tax Office
Judgment of the lower court
Busan High Court Decision 2015Nu20725 Decided August 12, 2016
Imposition of Judgment
December 15, 2016
Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
While examining the grounds of appeal in comparison with the records of this case and the judgment of the court below, the main text of the grounds of appeal is determined not to include or accept the grounds prescribed in the subparagraphs of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal.