Questione giuridica chiave
Whether the liquidation surplus was taxable income in the relevant tax period and supported a back-tax assessment.
Decisione estratta
The liquidation share became taxable income once the taxpayer acquired an enforceable and quantifiable claim, so the unreported surplus made the assessment incomplete and back tax was due.
Motivazione estratta
Under Art. 151 DBG, back tax follows when new facts show a prior assessment was incomplete. In a liquidation under Art. 745(3) OR, the right to the surplus arose at the latest when the distribution became fixed and claimable; the taxpayer did not declare it as income, so the assessment remained incomplete. The tax authority did not have to infer from the file that the surplus had already been paid out.