Kernrechtsfrage
Whether the parcel was still business assets or had been partly transferred to private assets for income tax purposes.
Extrahierter Entscheid
Business and private assets are distinguished by objective criteria; a transfer to private assets in the case of rental and leasing should be accepted with restraint where the taxpayers have consistently treated the property in the accounts as business assets.
Extrahierte Begründung
The decisive factor is whether the asset must technically and economically be attributed to a business, assessed on the totality of the actual circumstances, especially actual use for earning income and often the acquisition motive. Here, the taxpayers had expressly declared that the entire parcel belonged to business assets without any private portion.