Kernrechtsfrage
Whether the gain from the sale of condominium units was taxable as real-estate trading income and whether the land value at the start of trading was correctly set at CHF 400/m2.
Extrahierter Entscheid
The gain was taxable as real-estate trading income, and the authorities were entitled to base the land valuation on CHF 400 per square meter.
Extrahierte Begründung
The court held that the disputed value was a hypothetical estimate to be assessed with restraint. The tax authorities relied on actual comparable sales, which are the primary method in land valuation. The private expert report used auxiliary methods and produced unrealistically high values, so it did not have to be followed.