Questão jurídica principal
Whether the refusal of an intermediate tax assessment for the reduction of working activity violated federal tax law for direct federal tax.
Decisão extraída
No intermediate assessment was due because none of the exhaustively listed grounds of Art. 45 LIFD was met; in-service training while keeping 75% employment is not cessation of gainful activity.
Fundamentação extraída
Art. 45 LIFD exhaustively governs intermediate assessments; authorities must apply federal law as it stands, even if the taxpayer invokes Art. 127(2) Cst. The claimant did not cease gainful activity and merely reduced it.