Questão jurídica principal
Whether the withdrawal of vested pension capital used to amortize a private mortgage qualifies for privileged taxation despite the taxpayer's prior business refinancing.
Decisão extraída
Yes. The decisive point is that the 3a funds were used to amortize debt on owner-occupied housing; the fact that the mortgage had earlier served business financing does not matter.
Fundamentação extraída
Federal pension and home-ownership rules only require use for owner-occupied housing or amortization of related mortgage debt. They do not impose conditions on the prior use of the loan or on a later re-borrowing.