Facts
The taxpayers [D.A.] and C.A.-[B.] were assessed for state and municipal taxes 2002 and direct federal tax 2002. The assessment was based on compensation of CHF 46,340,000.--, which they had received for the granting of building rights to various properties. The taxpayers requested a correction of the assessment, as they were of the opinion that the compensation had not been taxed correctly.
The Administrative Court of the Canton of Zurich dismissed the taxpayers' appeal and confirmed the assessment. The taxpayers filed an appeal with the Federal Supreme Court and requested the cancellation of the assessment.
At the same time, the Federal Tax Administration (FTA) filed an appeal and requested the cancellation of the judgment of the Administrative Court regarding direct federal tax 2002 and the determination of taxable income at CHF 19,900,700.--.
Considerations
Legal Basis
The Federal Supreme Court examines the jurisdiction and the prerequisites for appeal ex officio. The appeal is admissible, as the taxpayers and the FTA are entitled to file an appeal.
State and Municipal Taxes
The lower court taxed the compensation for the granting of building rights as income from real estate. The taxpayers argue that the lower courts mixed up the temporal relationships when calculating the acquisition costs for the buildings.
Direct Federal Tax
The FTA is of the opinion that the compensation for the…