(a)the estimation of tax base and amount of tax as estimated by the Government;

(b) Disposition of the difference between the tax base of the above government estimation and the corporate balance sheet;

Since the amount of income was investigated according to the income return, but without keeping account books and documentary evidence, taxation that was conducted by the government on the basis of unfair return is justifiable.

Articles 33 and 62 of the Corporate Tax Act

Busan High-frequency Industrial Company

Head of Eastern Tax Office

Daegu High Court Decision 71Gu5 delivered on June 9, 1971

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

The grounds of appeal by the plaintiff's attorney are examined.

According to the reasoning of the judgment of the court below, the court below found that monetary withdrawals installed by evidence by the plaintiff company had the same entry as the original return, and there is a substantial difference between the balance sheet and the corporate income return reported by the plaintiff to the defendant without any reasonable ground, and the amount of income alleged by the plaintiff differs between the income amount claimed by the plaintiff and the income amount reported by the plaintiff, and the plaintiff company did not publicly announce the balance sheet in daily newspapers and reports the tax base falsely after the expiration of the period. The plaintiff company's keeping book cannot determine the corporate tax base and tax amount of corporate tax on the income for the pertinent business year on the ground that the plaintiff company's keeping book cannot determine the corporate tax base and tax amount of corporate tax on the income for the pertinent business year under Article 33 (4) 1 (b) of the Enforcement Decree of the Corporate Tax Act, which included non-resident's non-return and non-taxation additional tax under Article 41 (5) of the Corporate Tax Act, and the non-party's non-party's non-party's allegation that it was legitimate and thus rejected.

Therefore, the appeal is dismissed without merit. It is so decided as per Disposition by the assent of all participating judges by applying Articles 95 and 89 of the Civil Procedure Act to the bearing of the costs of the appeal lawsuit.

Supreme Court Judge Hong Nam-dae (Presiding Judge) (Presiding Justice)