Question juridique clé
Whether the appellant was exempt from military exemption tax for 1995 and 1996 because his health impairment remained causally linked to military service.
Solution extraite
He was not entitled to exemption, because he failed to show a new or changed factual basis after the final 1996 assessment and did not make it plausible that the causal link to service still existed in 1995 and 1996.
Motifs extraits
The court held that exemption under Art. 4(1)(b) LTEO requires a sufficient causal connection between service and the health impairment. The appellant merely tried to attack the final 1996 decision indirectly and relied on the absence of certain radiographs, without showing that his situation had changed in the relevant tax years. The record also showed that he had been found fit again in 1990 before being finally exempted in 1992, which undermined the claim of a continuous unchanged condition.