Kernrechtsfrage
Whether the 2004 and 2005 pension fund buy-ins were deductible for direct federal tax and cantonal/communal tax despite the prior 2001 withdrawal.
Extrahierter Entscheid
The buy-ins remained deductible; the arrangement did not amount to tax avoidance on the facts.
Extrahierte Begründung
Although the sequence of withdrawal and later re-entry created tax savings and some temporal proximity, the taxpayer used the funds largely for another legally recognized retirement purpose: redeeming a privately financed annuity policy, i.e. shifting assets from second to third pillar. The decisive tax-avoidance element of a primarily tax-motivated, economically inappropriate structure was therefore lacking.