logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
arrow
(영문) 서울고등법원 2019. 07. 10. 선고 2019누14 판결
취득 당시 가액을 알 수 없어 취득가액을 추계하는 경우에는 개산공제 외에는 필요경비로 공제할 수 없음[국승]
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.

arrow