Questione giuridica chiave
Whether taxpayers may deduct actual real-estate maintenance costs in 1997 after having used the flat-rate deduction in 1996.
Decisione estratta
No. Under the ordinance, the choice between actual costs and the flat-rate deduction may be made only every two years, in each even tax year; the ordinance is lawful.
Motivazione estratta
Section 39(4) StG delegates detailed rules to the government. The ordinance is clear, consistent with the statute, and applies without exceptions. The court rejected reliance on private tax advisors and stressed legality and equality, even if the schematized rule can work for or against taxpayers.