Whether the CHF 270,000 settlement and its instalments qualified as deductible alimony or a non-deductible capital settlement for federal direct tax
The agreement was construed as a capital settlement, not periodic alimony; the claimed deduction was therefore not allowed.
The taxpayer failed to show arbitrariness in the cantonal court's factual interpretation. The text of the agreement indicated an all-inclusive payment, satisfaction of all past, present and future claims, and a definitive settlement over 2010-2014, which supported a capital nature.