Kernrechtsfrage
Whether the gratuitous grant of a lifelong usufruct over real estate constitutes a taxable gift.
Extrahierter Entscheid
Yes. The unentgeltliche grant of a usufruct is a taxable enrichment; a subjective intent to donate is not required.
Extrahierte Begründung
Gift tax applies to inter vivos transfers without equivalent consideration. A usufruct confers an economic benefit by giving the beneficiary the right to use the property and receive its income; the fact that the father helped finance the purchase did not constitute consideration for the usufruct.