Questione giuridica chiave
What proof is required that the debtor received the statutory warning for non-payment of military duty replacement tax under Art. 42(1) MPG?
Decisione estratta
As a rule, receipt of the warning must be proven by an acknowledgment of receipt; however, proof also suffices if the debtor deliberately refused to accept registered mail while expecting the warning.
Motivazione estratta
Receipt and knowledge of the warning are constituent elements of liability under Art. 42(1) MPG. Therefore, ordinary deemed service rules for uncollected registered mail do not apply; the decisive point is actual knowledge, which may be inferred from a deliberate refusal to accept registered mail.