Question juridique clé
Whether the cantonal court arbitrarily held that a private withdrawal from business assets occurred on the sale of the farming property.
Solution extraite
No. The canton’s approach to distinguishing business and private assets for small agricultural holdings was applied consistently, and the transfer without continuation of the business as a whole justified treating the parcel as withdrawn into private assets.
Motifs extraits
The Court held that taxation of hidden reserves follows systemically from the exit of an asset from business assets and does not require an express declaration of intent. The transfer price and the absence of a formal declaration of private withdrawal were irrelevant once the business was not transferred as a whole at book values.