Question juridique clé
Whether the Canton of Zurich was competent to assess direct federal tax for 2002, or whether the Federal Tax Administration had to determine the place of assessment.
Solution extraite
Because the taxpayer's personal tax domicile in Switzerland was uncertain and potentially in another canton, the assessment place had to be determined by the Federal Tax Administration; Zurich should not have finally dealt with the case itself.
Motifs extraits
Local jurisdiction under Art. 105 DBG depends on personal affiliation; if several cantons may come into play, Art. 108 DBG requires the Federal Tax Administration to determine the assessment place. A possible local lack of jurisdiction is a serious defect that can render the assessment void and must be noticed ex officio.