Case Number of the immediately preceding lawsuit
Seoul High Court-2016-Nu62513 (Law No. 28, 2017)
Case Number of the previous trial
Cho-2015-west-1427 (Law No. 13, 2015)
Title
(A) If an audit official confirms on-site as a follow-up measure for the tax office of the Commissioner of the National Tax Service, it does not constitute a duplicate investigation.
Summary
(Main) On-site inspections conducted by the Commissioner of the National Tax Service as a follow-up measures for the comprehensive audit of the tax office by the Commissioner of the National Tax Service are distinct from those for the tax investigation exercising the right to ask questions to taxpayers or relevant persons.
Related statutes
Article 81-4 (Prohibition of Abuse of Right of Tax Investigation)
Cases
Supreme Court Decision 2017Du53927 Decided capital gains tax
Plaintiff-Appellant
The United States of America
Defendant-Appellee
BB Director of the Tax Office
Judgment of the lower court
Seoul High Court-2016-Nu62513 (Law No. 28, 2017)
Imposition of Judgment
October 26, 2017
Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
Although the lower judgment was examined in light of the records of this case, it is recognized that the assertion on the grounds of appeal falls under Article 4 of the Act on Special Cases Concerning Procedure
Therefore, the appeal is dismissed in accordance with Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.