2007년도 「소득세법」 판례 회고

In 2007 some meaningful cases of the Supreme Court came out in the field of Income Tax Act, and they are as followings. 2007.1.11 2005du8627 decision says that the addenda of Restriction of Special Taxation Act providing that “with regard to the previous exemption under the previous provisions, the previous provisions govern” are the special provision to protect the transferors who had believed the effectiveness of the previous provisions. It is feasible and reco- mmendable that the state should protect the taxpayer when it gives her special and concrete reliance, so the judgment is understandable. 2007.4.26 2006du7171 decision holds that in case of onerous gift, the liability amount that the donee takes over is not “actual transaction value”. This judgment is right in that there is no consideration relationship between the gift asset and the liability and the actual transaction value cannot exist by concetpt. Next, 2007.6.28 2005du13537 decision concludes that the provision imposing an Additional Tax upon any businessman who receives the supporting documents that are not legally effective after transaction cannot be applied when a businessman failed to receive any supporting document. This judgmentis based on the principle of “Strict Interpretation” and is considered to be of great value in terms of protecting taxpayers from arbitrary exercise of taxing power. 2007.10.25 2007du 1941 says that the profits gained by the employee by exercising “the stock option”is taxable as earned income as long as the option is received for offering labor even if the grantor of the option and the employer of that employee is not same. Finally 2007.10.26 2006du1326 case holds that the provision saying that the basis of asset that a taxpayer has acquired by gift or inheritance should be equal to the tax base of assessment of gift tax or inheritance tax is legitimate in that the current tax law system does not tax the capital gain of donor or inheritee in the time of gift or inheritance. If there is a gap between the basis and the tax base, there would be the question of tax shortage(in case the basis is bigger than the tax base) or double taxation(in case the tax base is bigger than the basis), so the judgment is considered to be correct.