In calculating the tax amount under Article 82 (2) 2 of the former Income Tax Act on global income of a real estate sales businessman, the profit margin of a real estate sales businessman shall be the amount calculated by deducting necessary expenses from the actual sales price, but in the absence of books and evidential documents necessary for calculating the tax base, whether the amount calculated by multiplying the actual sales price by the standard income rate (affirmative)

In calculating the amount of tax pursuant to Article 82 (2) 2 of the former Income Tax Act (amended by Act No. 4661 of Dec. 31, 1993) on global income of a real estate sales broker, the profit margin of the real estate sales broker shall be the amount calculated by subtracting necessary expenses from the actual sales price, but where there is no books and evidential documents necessary for calculating the tax base or where there is no books and evidential documents, it shall be the amount calculated by multiplying the actual sales price by the standard income

Articles 82, 92, 94 (see current Article 69), and 94 (see current Article 69), Article 141(1) (see current Article 128), Article 142(1)2 (see current Article 129(1)2 (see current Article 129(2)), and Article 169(1)1 (see current Article 143(1)1) of the former Income Tax Act (Amended by Presidential Decree No. 14083, Dec. 31, 1993);

Plaintiff (Attorney Park Young-soo, Counsel for the plaintiff-appellant)

Head of Geumcheon Tax Office

Seoul High Court Decision 99Nu5056 delivered on October 22, 1999

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

In full view of the provisions of Articles 82, 92, and 94 of the former Income Tax Act (amended by Act No. 4661 of Dec. 31, 1993; hereinafter referred to as the "Act") and Articles 141(1), 142(1)2, and 169(1)1 of the former Enforcement Decree of the Income Tax Act (amended by Presidential Decree No. 14083 of Dec. 31, 1993), when calculating the tax amount under Article 82(2)2 of the Act with respect to global income of a real estate sales businessman, the profit margin of a real estate sales businessman shall be the amount calculated by deducting necessary expenses from the real sales price, but if there is no books and evidential documents necessary for calculating the tax base, it shall be understood that the actual sales price shall be the amount calculated by multiplying the standard income rate by the real sales price by the estimation method.

The judgment of the court below to the same purport is just, and there is no error in the misapprehension of legal principles as to the calculated global income tax amount of a real estate sales businessman. The ground of appeal disputing this point is not

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 on the bench.

Justices Lee Jin-hun (Presiding Justice)