It is difficult to regard the price of stocks transferred to a person with special interest as an objective exchange value formed in general and normal transactions.

As it is difficult to view the price applied to the stock transaction as an objective exchange value formed through a general and normal transaction by the transferee to the related party, the disposal based on the market price is illegal.

Article 24 (Non-Inclusion of Donations in Deductible Expenses)

Seoul High Court 2018Nu67444 Disposition Revocation of Disposition imposing Corporate Tax

AA

00. Head of tax office

December 13, 2018

December 27, 2018

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Cheong-gu Office

The Defendant’s disposition of imposing corporate tax of KRW 1,104,266,90 on the Plaintiff on May 2, 2016 exceeds KRW 824,342,30 of the disposition of imposing corporate tax of KRW 1,104,26,90 shall be revoked.

subsection (1)

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

1. The reasoning of the judgment of the court of first instance is the same as the entry of the reasons for the judgment of the court of first instance, and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Conclusion

Since the judgment of the first instance is justifiable, the plaintiff's appeal is dismissed as it is groundless.