ECLI:NL:GHARN:1998:AA1231
ECLI:NL:GHARN:1998:AA1231
AI generated
Court allows self-employed lawyer's 1993-1994 losses as taxable income despite no 1995 result.
Legislator summary
AI generatedThe court overturned the tax inspector's decision to deny the taxpayer's losses for 1993 and 1994. Although the taxpayer ceased reporting results in 1995 and the inspector argued the practice was defunct, the court found the taxpayer was still operating as a self-employed lawyer with a reasonable chance of success. Consequently, the losses were recognized as taxable income under Article 6 of the Income Tax Act 1964, reducing the taxable income to zero.
Legislator headnote
AI generatedArt. 6 Wet inkomstenbelasting 1964; Where a self-employed professional continues operations with a reasonable prospect of success despite temporary losses and no reported results in a subsequent year, such losses remain deductible as income from self-employment.
Keywords
AI generated
self-employed lawyer
taxable income losses
income tax act 1964
business continuity
carry back loss
tax inspector decision
fiscal year 1993
Cited Legislation
AI generatedArt. 6 Wet op de inkomstenbelasting 1964