Question juridique clé
Whether the objection decision in the back-tax procedure had to be annulled because the taxpayers were denied an objection hearing they had requested.
Solution extraite
Yes. In a back-tax procedure, if a hearing is requested and the taxpayer is not heard, the objection decision must be annulled and remitted to the tax office.
Motifs extraits
Section 150(2) StG applies analogously in back-tax proceedings under section 172(1) StG. The taxpayers had at least implicitly requested a hearing in their objection, and their entitlement did not lapse during the lengthy proceedings. Because the tax office decided without holding the hearing, the right to be heard under Art. 29(2) BV was violated; under settled practice, this leads to automatic annulment without balancing of interests.