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(영문) 대법원 2016. 05. 24. 선고 2016두34066 판결
(심리불속행)수년간 가공경비를 계상하고, 임대수입금액을 누락한 경우 부당과소신고 가산세 처분은 적법함[국승]
Case Number of the immediately preceding lawsuit

Seoul High Court 2015Nu50414 (Seoul High Court 2016.01.29)

Title

(C) If the amount of rental income is omitted, it is legitimate to impose an unfair under-reported penalty tax.

Summary

The plaintiffs are deemed to have been merely a passive underreporting without the purpose of tax avoidance, by making the repair cost account for several years without any disbursement of the repair cost, including the fact that the expenses are included in the necessary expenses, and continuing to omit the lease revenue.

Cases

2016Du64066 The revocation of disposition imposing value-added tax, etc.

Plaintiff-Appellant

RedO et al. 1

Defendant-Appellee

O Head of the tax office and 2

Judgment of the lower court

Seoul High Court Decision 2015Nu50414 Decided January 29, 2016

Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

Although the lower judgment was examined in light of the records of this case, it is recognized that the assertion on the grounds of appeal falls under Article 4 of the Act on Special Cases Concerning Procedure

Therefore, all appeals are dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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