Question juridique clé
Whether an underutilization deduction under Art. 21(2) DBG is available for the taxpayer's self-occupied house in 2006.
Solution extraite
No. The deduction was denied because the situation was not a durable underutilization and did not fall within the protected hardship/model cases underlying the provision.
Motifs extraits
The court interpreted Art. 21(2) DBG in light of wording, legislative history, purpose, and systematics. The provision is aimed at durable overdimensioning, typically after children leave or a spouse dies, and is to be applied restrictively. Here, the relevant situation arose only when the father moved out and was not durable; the taxpayer also failed to show a hardship risk such as having to sell the house.