Facts

[D.] , born in 1945, a trained seamstress, worked as a nurse in a nursing home until the end of 1994, and since then as a self-employed innkeeper. On December 30, 2005, she applied for a pension from the IV-Stelle (Disability Insurance Office) of the Canton of St. Gallen. The IV-Stelle determined a 100% incapacity to work in her previous occupation, but a 50% capacity to work in an adapted occupation, a disability income of CHF 21,357, and based on the income shown in the extract from the individual accounts (IK) for the years 2000-2003, an earning capacity income of CHF 22,700, which resulted in a degree of disability of 6%. Accordingly, it rejected the pension application.

Considerations

The Federal Court has decided that the appeal of the IV-Stelle is justified. According to the binding factual findings of the lower instance, the respondent as a self-employed innkeeper earned an annual income between CHF 7,623 and a maximum of CHF 29,200 (in 2000) in the years…