Key legal question
Whether revision of the final direct federal tax assessment for 2001 and 2002 was admissible despite the grounds having been available earlier.
Extracted holding
Revision was excluded because the taxpayer could have raised the alleged errors already in the ordinary or tax-assessment proceedings with due diligence.
Extracted reasoning
Art. 147(2) DBG bars revision when the applicant invokes a ground that could have been asserted earlier. The taxpayer could readily have noticed the mismatch between assessed income and actual earnings; no balancing of fault is required.