Questão jurídica principal
Whether ordinary depreciation on several real-estate assets of a professional property dealer is deductible
Decisão extraída
No. The properties were not shown to be operating properties; as capital-investment properties or inventory of a property dealer, ordinary depreciation is not allowed.
Fundamentação extraída
For property dealers, real estate is normally turnover assets. Ordinary depreciation is only conceivable for operating properties, i.e. assets directly serving the trading business. The taxpayers failed to prove such direct use, and the F.-Strasse property was largely rented to a third party-like company.