Kernrechtsfrage
Whether the Lenk property was business assets after 1 January 1995 and therefore produced taxable liquidation gain and recaptured depreciation on transfer in 1997.
Extrahierter Entscheid
The property was to be treated as business assets after the 1995 system change; the taxpayers were bound by their prior depreciation treatment, and the later transfer to private assets occurred only with the 1997 business-to-company conversion.
Extrahierte Begründung
For mixed-use property, the decisive criterion is the actual technical-economic function under the predominance method. Because the taxpayers failed to substantiate the split between business and private use, the authorities could rely on bookkeeping indicia. Continued depreciation after 1 January 1995 evidenced the taxpayers' own treatment of the property as business assets. Their later contrary position was inconsistent with good faith.