Seoul High Court 2012Nu36172 (2013.06.07)

(C) The calculation of the value of donated property by the weighted average amount of net profit and loss for the preceding three years, and the taxation of the taxable disposition is unlawful.

(In the first instance) Since the net profit and loss amount after the business year to which the record date of appraisal belongs is anticipated to be rapidly changed compared to the net profit and loss amount for the last three years and the value of the net profit and loss amount is not considered to be adequately reflected in the company's future profit and loss amount for the last three years, it is illegal in calculating and

Article 63 of the Inheritance Tax and Gift Tax Act

2013Du12973 Revocation of Disposition, etc. of Imposition of Gift Tax

KimA

head of Dongjak-gu Tax Office

Supreme Court Decision 2011Du6783 Decided October 25, 2012

Seoul High Court Decision 2012Nu36172 Decided June 7, 2013

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure for Appeal and therefore, the appeal is dismissed under Article 5 of the above Act. It is so decided as per Disposition by