Cassation court dismisses tax agency appeal for lack of proof of notary's search for missing taxpayer.
Sintesi Legislator
Generato dall'IAThe Court of Cassation rejected the tax agency's appeal against a regional tax commission decision that had dismissed a taxpayer's challenge to an enforcement notice. The agency argued the notice was validly served via the 'irreperibles' procedure after proving the taxpayer was absolutely unreachable, but the court found this claim unsupported. The court ruled that the tax agency failed to provide evidence that the notary conducted the mandatory search within the taxpayer's fiscal municipality to verify if the move was merely an address change, leading to the dismissal of the appeal.
Regesto Legislator
Generato dall'IAArt. 60 comma 1 lettera e) del d.P.R. n. 600 del 1973; Art. 140 e 145 cod. proc. civ.: When serving an enforcement notice to an unreachable taxpayer, the notary must prove they conducted specific searches in the taxpayer's fiscal municipality to confirm the move was not just an address change, and the tax authority bears the burden of producing this evidence.