Methods of determining income amount of real estate rental;

Article 159(1)4 of the former Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 8351, Dec. 31, 1976) was deleted pursuant to the abolition of the Business Tax Act and enforcement of the Value-Added Tax Act (amended by Presidential Decree No. 8351, Dec. 31, 1976) (amended by Presidential Decree No. 8786, Dec. 31, 1977), and there is no ground to view the value-added tax base amount as the income amount under the Income Tax Act even though the real estate leasing business operator voluntarily reported the value-added tax base amount and determined without correcting the tax authority, the value-added tax standard amount cannot be the income amount of the real estate leasing business, and the income amount must be determined by any one of the methods provided in Articles 118 through 120 of the same

Article 118 of the Income Tax Act

Supreme Court Decision 82Nu211 Decided April 10, 1984

Plaintiff

Director of the District Office

Seoul High Court Decision 87Gu329 delivered on December 4, 1987

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

We examine the grounds of appeal.

Article 169(2)1 of the former Income Tax Act (Act No. 2933, Dec. 22, 1976) and the Enforcement Decree of the same Act (Presidential Decree No. 8351, Dec. 31, 1976) enter into force, Article 114 of the Enforcement Decree of the same Act, Article 159(1)4 and (3), and Article 160 of the Enforcement Decree of the same Act, where the amount of gross income is investigated and determined pursuant to the Business Tax Act, the amount of gross income which is the tax base of the business year for which it is determined unnecessary to undergo a new investigation and determination procedure on the business income shall be considered as the amount of gross income of the business year. However, the court below's determination that the amount of gross income which is the tax base of the tax base of the tax base of the tax base of the tax base of the tax base of the tax base of the tax base of the tax base of the tax base of 20 years is legitimate, and there is no error of law by the plaintiff's under the Enforcement Decree No. 19814 of the Value-Added Tax Act.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jong-dong (Presiding Justice)