Questão jurídica principal
Whether the taxpayer's disclosure qualified as a self-report under Art. 175(3) DBG
Decisão extraída
The disclosure was a self-report within the meaning of Art. 175(3) DBG, albeit a borderline case, because the tax authority did not yet know the existence and extent of the evasion when the disclosure was made and the taxpayer ultimately acted on his own initiative.
Fundamentação extraída
The lower court's finding that the taxpayer disclosed the undeclared account before the authority had sufficient knowledge was not shown to be manifestly incorrect. The appellant's new evidence was inadmissible novum, and the remaining arguments did not establish a deficient fact-finding.