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(영문) 대법원 2013. 04. 03. 선고 2013두3481 판결
(상고이유서 부제출 기각) 이자채권이 회수 불능되어 실현 가능성이 없다고 볼 수 없으므로 종합소득세 과세처분 적법함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2012Nu15984 (Law No. 16, 2013)

Case Number of the previous trial

National Tax Service Review Income 2011-0073 (29 August 2011)

Title

(Dismissal of Non-Submission of Reasons for Appeal) Since interest claims cannot be seen as being impossible to be realized due to impossibility of collection, taxation of global income tax is legitimate.

Summary

(Summary) The evidence submitted by the Plaintiff alone cannot be objectively apparent that the interest income in the settlement statement becomes irrecoverable due to the debtor's bankruptcy, etc., and it cannot be objectively apparent that the interest income in the future would become impossible to be realized. Therefore, the tax assessment is legitimate.

Cases

2013du3481 Global income and revocation of disposition

Plaintiff-Appellant

Park AA

Defendant-Appellee

Head of Nowon Tax Office

Judgment of the lower court

Seoul High Court Decision 2012Nu15984 Decided January 16, 2013

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The appeal is dismissed in accordance with Article 8 (2) of the Administrative Litigation Act, and Article 429 of the Civil Procedure Act, since the appeal filed by the plaintiff was not indicated in the grounds of appeal, and the appellate brief was not withdrawn within the statutory period. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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