Case Number of the immediately preceding lawsuit
Busan High Court-2014-Nu22908 (Law No. 15, 07.03)
Title
The amount returned as a result of the lawsuit to revoke the fraudulent act should be deducted from the taxable value of donated property.
Summary
(b) If the deposit in the donor’s name is deposited in the bank account, etc. in the taxpayer’s name, the deposit is presumed to have been donated to the taxpayer, and gift tax is imposed on the money returned as a result of the fraudulent act revocation lawsuit.
Related statutes
Article 2 of the Inheritance Tax and Gift Tax Act
Cases
2015Du48471 Revocation of Disposition of Imposition of Gift Tax
Plaintiff-Appellant
Park AA
Defendant-Appellee
○ Head of tax office
Judgment of the lower court
Busan High Court Decision 2014Nu22908 Decided July 3, 2015
Imposition of Judgment
November 12, 2015
Text
All appeals are dismissed.
Costs of appeal shall be borne by each party.
Reasons
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the appellant's grounds of appeal fall under Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, all of the appeals are dismissed pursuant to Article 5 of the Act. It is so decided as per Disposition by