has again transferred the
assets transferred to the person in a special relationship as prescribed
by the Presidential Decree, to the spouse, etc. of the original transferor
within three years from the takeover date, the value of assets at the time
of the transfer of relevant assets by the transferor shall be deemed to
be the value of donated assets of the spouse, etc., by presuming that the
relevant spouse, etc. received a donation of the said value of assets: Provided,
That the same shall not apply in case where the aggregate of finalized
tax amount under the Income Tax Act that are borne by the original transferor
and transferee is larger than the gift tax in the case of presumption that
the relevant spouse etc. received the donations.