Kernrechtsfrage
Whether the cantonal tax appeal commission violated the taxpayer's right to be heard by issuing a reformatio in peius without prior notice and opportunity to respond after remand.
Extrahierter Entscheid
Yes. The commission had to expressly hear the taxpayer before again deciding to the taxpayer's detriment; failing to do so breached Art. 29(2) BV and ignored the binding remand instructions.
Extrahierte Begründung
A reformatio in peius requires prior warning and an opportunity to comment. After the Federal Supreme Court had remanded the case specifically for a hearing, the commission could not treat the prior submissions to the Supreme Court as sufficient. New factual allegations and evidence could still have been raised before the commission, so a renewed hearing was not a mere formality.