Key legal question
Whether the immediate depreciation could also be taken into account again for the remaining part of the mixed tax period 1999/2000.
Extracted holding
No. The immediate depreciation was an extraordinary expense already properly considered in the later tax period 2001/2002 and could not be deducted again for the remaining part of 1999/2000.
Extracted reasoning
Under Art. 44(2) DBG, extraordinary expenses are relevant only for the tax period following entry into tax liability. Because the depreciation was already fully reflected for two years in the later period, a second consideration in the mixed period would be contrary to law and purpose.