Questão jurídica principal
Whether distributions of CHF 282,000 to the four family branches were deductible as business expenses of the family foundation for direct federal tax 1998.
Decisão extraída
No. The payments were unconditional, equal distributions based solely on family membership and were not tied to a special situation covered by the lawful purpose of the family foundation.
Fundamentação extraída
Under Art. 335 ZGB, a family foundation may provide support only within its legally permitted ideal purpose. Unconditional distributions for general living expenses or to improve beneficiaries' standard of living are prohibited and therefore cannot count as business expenses under Art. 58 DBG.