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BGE 75 I 232 ΓÇó Arbitrariness in refusing depreciation of securities
BGE 75 I 232Recueil officiel du Tribunal fédéral (ATF) / Volume I7 juil. 1949Annulled
Bompard et Cie challenged a Valais tax refusal to allow depreciation on securities recorded in its balance sheet. The court held that, for commercial companies, the balance sheet is not limited to strictly operating assets and may include all assets of the company; depreciation can therefore extend to all balance-sheet items. The cantonal authority acted arbitrarily by accepting non-operating assets when favorable to taxation but ignoring them when this would reduce the taxpayer's burden. The appealed decision was annulled and the case remanded for a new assessment of whether the specific depreciations were financially justified.
Cantonal tax law; arbitrariness in the taxation of commercial companies; depreciation of balance-sheet securities. For commercial companies, the balance sheet encompasses the whole corporate activity and not merely assets directly tied to operations; depreciation is not confined in principle to operating assets but may extend to all balance-sheet items. It is arbitrary to rely on non-operating assets when this increases taxable income while refusing to consider them when depreciation would benefit the taxpayer. Where the factual justification of the depreciation remains open, the matter must be remitted for new assessment (consid. 1).