Kernrechtsfrage
Whether expenses and deficits relating to the St. Moritz property were business justified under direct federal tax law
Extrahierter Entscheid
The expenses were not business justified; they were private living expenses for the controlling shareholder and thus non-deductible.
Extrahierte Begründung
The acquisition, lack of rental efforts, absence of profitability calculations, and continued availability of the larger apartment to the shareholder showed a private purpose. The company would not have leased the property to third parties on comparable terms.