Key legal question
Whether the withholding-tax refund claim for 2000 dividends was forfeited under Art. 32 VStG.
Extracted holding
Yes. The three-year filing period began on 2001-01-01 and expired on 2003-12-31; the refund was first raised only in November 2004, so the claim had lapsed.
Extracted reasoning
The claimant had expressly denied receiving dividends and did not complete the refund request in his 2000 tax return. A mistaken internal note by a tax officer created no external effects and no protected reliance interest.