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(영문) 대법원 2015. 08. 31. 선고 2015두41944 판결
(심리불속행)추계과세의 요건에 관한 입증책임은 과세관청에 있음.[국패]
Case Number of the immediately preceding lawsuit

Seoul High Court-2014-Nu-3895 (Law No. 17, 2015)

Title

The burden of proof of estimated taxation is on the tax authority.

Summary

The burden of proof on the requirements for the summary of the tax assessment is imposed on the tax authorities, and if it is not proved, the burden of proof can only be cancelled in full.

Related statutes

Article 4 of the Act on Special Cases concerning the Procedure of Appeal

Cases

2015du41944 global income and revocation of disposition

Plaintiff-Appellant

AA

Defendant-Appellee

00. Head of tax office

Judgment of the lower court

Seoul High Court 2014Nu63985 ( April 17, 2015)

Imposition of Judgment

August 31, 2015

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

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 assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed under Article 5 of the above Act. It is so decided as per Disposition by

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