Kernrechtsfrage
Whether the wife must tax the rental value of the apartment left to her by the husband as maintenance in kind.
Extrahierter Entscheid
Yes. The transfer of the husband's apartment to the wife during separation constitutes alimony in kind; the rental value is taxable as income.
Extrahierte Begründung
Providing the spouse with use of owned housing during separation is a maintenance benefit in kind and is treated as taxable income under the applicable statute.