Question juridique clé
Whether the Bern tax authority violated the ban on inter-cantonal double taxation by taxing the husband’s earned income from 1997 despite his claim of a main tax domicile in Zug.
Solution extraite
The main tax domicile remained at the family home in Bern; no taxable domicile arose in Zug on the facts shown.
Motifs extraits
For married employed persons, the family location generally prevails unless the employment is in a leading position with a true work domicile and sufficiently proven stronger ties to the work canton. The appellant’s evidence about time spent in Zug was contradictory and unsubstantiated, while the circumstances indicated he worked substantially at the company headquarters and returned regularly to the family home in Bern.