Questione giuridica chiave
Whether the takeover and operation of the brother's machine business qualified as self-employed activity allowing deduction of business losses
Decisione estratta
No. The taxpayer did not engage in self-employed activity because the takeover was only formal, aimed at helping her brother's creditworthiness, with no genuine profit motive or independent entrepreneurial intent.
Motivazione estratta
The business remained outwardly associated with the brother; most documents still bore his name; the taxpayer kept full-time employment; the activity had been loss-making for years; and the purpose of the arrangement was to accommodate the brother rather than to participate in economic life as an independent entrepreneur.