Question juridique clé
Whether the compensation contribution violates the capacity-to-pay principle because of concurrent real-estate gains tax
Solution extraite
No. The cumulative burden was not shown to be confiscatory; the taxpayer could seek revision of the real-estate gains tax once the compensation amount was fixed.
Motifs extraits
Swiss and cantonal law allow the compensation contribution and gains tax to coexist; the gains tax basis includes the contribution as an impense, and prior case law accepts such cumulative taxation where the taxpayer has a remedy to adjust the earlier assessment.