Questione giuridica chiave
Whether the administrative appeal was admissible despite being framed only as a constitutional challenge to the tax statute without disputing the assessed income or tax amount.
Decisione estratta
The appeal was inadmissible because the requested constitutional review amounted to a declaratory request without a specific declaratory interest; no legal utility remained once the assessment itself was not challenged.
Motivazione estratta
Because Art. 191 BV prevents refusing application of a federal statute for unconstitutionality, and the appellants expressly accepted the assessment and did not seek to change the tax amount, there was no room for a standalone declaration on constitutionality under Art. 40 OG and Art. 25 BZP.