Questione giuridica chiave
Whether joint spousal tax liability ceases because one spouse is insolvent under § 19 Abs. 1 StG and Art. 13 Abs. 1 DBG.
Decisione estratta
Yes. Insolvency is not limited to loss certificates; it also exists where a spouse is durably unable to meet due obligations with available means.
Motivazione estratta
The court found numerous unpaid claims, loss certificates, bank debt accelerations, and only a small attachable income, showing a lasting overindebtedness rather than a temporary liquidity shortage.