Kernrechtsfrage
Whether booking private swap-contract costs as business expenses constituted tax fraud under Art. 186 DBG and § 200 StG/SO.
Extrahierter Entscheid
Yes. The costs were private expenses, their booking as business expense made the accounts materially false, and filing them with the tax authorities completed tax fraud.
Extrahierte Begründung
The court found no basis for treating the costs as compensation for a prior loan waiver. The expenses related to the private property swap of the defendant and his wife, were a hidden profit distribution, and did not fall under business expenses or capital repayment.