taxonomy themes not working for forums -> here's why

we used taxonomy_themes for one of our pages and were wondering why the themes are not working for the forum page. so i had alook around and found line 55 in taxonomy_theme_taxonomy.inc:

else if ($theme_forum_dep) {

but $theme_forum_dep hasn't been touched in this function.
before i saw line 17:

$theme_forums = (module_exists('forum') && variable_get('taxonomy_theme_forums_enable', 0));
$theme_forum_dep = ($theme_forums && variable_get('taxonomy_theme_forum_dep', 1)); 

i had already written this into line 50:

    $query_hack=db_query('SELECT type FROM node WHERE nid='.$nid);
    $type=db_fetch_object($query_hack);
    if($type->type=='forum'){
    	$theme_forum_dep=1;
    }  

not sure if someone forgot something there or i just misunderstood the whole thing, anyways working for us fine ;)

regards
_boneless