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(영문) 대법원 2017. 09. 14. 선고 2017두52818 판결
장부에 기재되지 않고 사외유출된 법인의 수입금을 대표자에 대한 상여로 소득처분하여 과세한 것은 적법함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court-2016-Nu-82753 (20 June 20, 2017)

Case Number of the previous trial

Appellate Court 2015No1845 (Law No. 11, 2016)

Title

It is legitimate that the revenue of the corporation that was released from the register is disposed of as a bonus to the representative and taxed.

Summary

Under the Corporate Tax Act, the purpose of the corporate tax law is to consider a certain fact as a bonus for a unconditional representative regardless of substance, and the person registered as a representative on the corporate register is presumed to substantially operate the company, so the fact that the company has not been actually operated must be proved by the party asserting it.

Related statutes

Article 67 of the Corporate Tax Act, the proviso to Article 106 (1) 1 of the Enforcement Decree of the same Act

Cases

2017du52818 Global Income and Revocation of Disposition

Plaintiff

AA

Defendant

O Head of the tax office and one other

Imposition of Judgment

on January 14, 2017

Text

1. The appeal is dismissed.

2. 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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