Question juridique clé
Whether the registered assessment decision of 13 October 2005 was validly notified through collection by a third party with tacit authority.
Solution extraite
Yes. The court held that the decision entered the company's sphere of influence when F.________ collected it, because tacit authorization could be inferred from the circumstances and the company had tolerated his routine collection of mail.
Motifs extraits
Notification is effective when the recipient's sphere of influence is reached; actual personal knowledge is unnecessary. A third party may validly receive a registered item on the basis of explicit or tacit authority, which may be inferred from consistent practice and tolerance.