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(영문) 대법원 2017. 09. 07. 선고 2017두47199 판결
(심리불속행) 증빙없는 부동산컨설팅비용은 양도소득의 필요경비로 인정받을 수 없음[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court (Chuncheon)-2016-Nu-37 (Law No. 22, 2017)

Case Number of the previous trial

Early High Court Decision 2014J 4515 (O5, 2015)

Title

(Trial poorness) The cost of real estate consulting without evidence shall not be deemed necessary for capital gains.

Summary

(Main) Although there is a certificate, receipt, etc., but there is no financial evidence, and real estate consulting expenses not reported as value-added tax are not recognized as necessary expenses for capital gains.

Related statutes

Article 97 (Calculation of Necessary Expenses for Transfer Income)

Cases

2017Du47199 Revocation of Disposition of Imposing capital gains tax

Plaintiff-Appellant

AA

Defendant-Appellee

BB Director of the Tax Office

Judgment of the lower court

Seoul High Court (Chuncheon) Decision 2016Nu37 Decided May 22, 2017

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but the grounds of appeal by the appellant are not included in the grounds provided by each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal. Thus, the appeal is dismissed pursuant to Article 5 of the same Act. It is so decided as per Disposition by the assent

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