Questão jurídica principal
Whether the deceased’s domicile for inheritance tax under Art. 4(2) of the Switzerland-Germany inheritance tax treaty was in Ascona or Kürten.
Decisão extraída
The deceased had two permanent homes, but his centre of vital interests was in Ascona; Ticino could therefore tax the estate.
Fundamentação extraída
Official records, residence permits, and the deceased’s own statements showed a real transfer of life interests to Ascona. The canton’s factual findings were not arbitrary.