Dismissal of the appeal against the tax assessment for the year 2009

Facts

- [A.] and his wife [B.] were assessed for the 2009 tax year with a taxable income of CHF 852'881. - The Tax Commission [K.] refused to deduct a loss of CHF 250'503 from the sale of a property in [W.] /BL as well as an extraordinary depreciation of CHF 278'248 on a multi-family house in [X.] /SO. - Furthermore, the lower instance did not allow the depreciation of CHF 135'000 and CHF 95'000 on properties in [V.] /AG, which had been unsuccessfully claimed as disposal losses in the 2008 tax period. - [A.] and [B.] filed an appeal against the final cantonal judgment of the Administrative Court of the Canton of Aargau.

Considerations

- The Federal Court holds that the depreciation of CHF 135'000 and CHF 95'000 on the properties in [V.] /AG in 2009 cannot be deducted, as the fair values at the time of acquisition corresponded to the later sales proceeds and the properties were thus significantly overvalued. A business-like justification for the difference between acquisition costs and fair values is not recognizable, as the prices were paid due to a relationship with related…