Questão jurídica principal
Whether the occupied farm residence had to be valued for income tax purposes as agricultural or non-agricultural property
Decisão extraída
The occupied dwelling had to be assessed under non-agricultural criteria because the owner was no longer a self-farmer but a lessor and pensioner.
Fundamentação extraída
Art. 21 DBG taxes the rental value of owner-occupied property; for the self-occupied residence, the rental value is set according to local conditions and actual use. Since the taxpayer no longer personally farmed the property, the residential building was correctly valued as non-agricultural.