Questão jurídica principal
Whether the duplicated deduction of business mortgage interest constituted a new fact justifying back taxes for 2001.
Decisão extraída
Yes. The outside-the-form-fields note was not part of the directly accessible file at assessment time, so the authorities did not know the duplicated deduction; this was a new fact under Art. 151 DBG.
Fundamentação extraída
Only documents directly visible to the assessing officer count as the relevant file state. Notes written outside the prescribed form fields were treated as nonexistent for assessment purposes, and no duty existed to search original papers absent obvious error.