Question juridique clé
Whether the cantonal tax court could grant withdrawal despite a requested reformatio in peius in direct federal tax proceedings
Solution extraite
The appeal withdrawal should not have been granted because the court had to decide the merits and, if necessary, worsen the assessment.
Motifs extraits
Under Art. 142 para. 4 and Art. 143 para. 1 DBG, the tax appeal authority has powers similar to the assessment authority and may amend an assessment to the taxpayer's detriment. Where the original assessment is obviously incompatible with the applicable law and the correction is significant, a reformatio in peius may prevail over withdrawal.