Questão jurídica principal
Whether the appeal against the estimated tax assessments could be heard despite the returns and supporting documents being filed only after the appeal deadline.
Decisão extraída
No. The late filing did not satisfy the procedural precondition for challenging an estimated assessment, and the alleged illness of counsel was not sufficiently substantiated as a ground for restoring the deadline.
Fundamentação extraída
Under Art. 132(3) DBG, an estimated assessment may be challenged only for obvious incorrectness and the taxpayer must substantiate the objection. When the estimate results from missing cooperation, the missed cooperation duties must first be remedied. A claimed restoration ground based on illness must be shown concretely, including that the illness prevented timely action and timely instruction of a third party.