Questão jurídica principal
Whether the reassessment of direct federal tax 1991/92 was time-barred
Decisão extraída
No. For pre-1995 tax periods, the old rules of the BdBSt applied; the relevant deadlines had been interrupted by official tax-enforcement acts, so no limitation bar had arisen.
Fundamentação extraída
The court held that the DBG limitation provisions did not apply to these periods except for lex mitior in tax-criminal matters, which was irrelevant here. Under Art. 98 and 128 BdBSt, the filing process was timely initiated and later acts such as the audit and objection proceedings interrupted the five-year period.