Case Number of the immediately preceding lawsuit
Gangnam branch support-2018-Gu Partnership-30243 ( December 20, 2018)
Title
Where the acquisition value is estimated as the value at the time of acquisition is unknown, it shall not be deducted from the necessary expenses except the estimated deduction.
Summary
Where the acquisition value is estimated because the actual acquisition value is unknown, it shall not be deducted from necessary expenses, except for estimated expenses deduction, even if the actual expenses, such as capital expenses or transfer expenses, were paid.
Related statutes
Article 97 (Calculation of Necessary Expenses in Transfer Income)
Cases
Seoul High Court (Chuncheon)-2019-Nu-14 Revocation of Disposition to impose capital gains tax.
Plaintiff and appellant
AA
Defendant, Appellant
O Head of tax office
Judgment of the first instance court
Gangnam Branch Court Decision 2018Guhap30243 decided December 20, 2018
Conclusion of Pleadings
on October 19, 2019
Imposition of Judgment
on October 10, 2019
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the first instance is revoked. The defendant's disposition of imposition of capital gains**,******, on May 2, 2017, to the plaintiff on May 2, 2017.
Reasons
1. Quotation of judgment of the first instance;
The reasoning of the judgment of this court is as stated in the reasoning of the judgment of the court of first instance, with the exception of adding "(the same shall apply even if the plaintiff added to this court Gap evidence Nos. 23 through 25, 27 through 30)" after the first instance judgment No. 5. 7.
2. Conclusion
Therefore, the judgment of the first instance court is justifiable, and the plaintiff's appeal is dismissed as it is without merit.