Kernrechtsfrage
Whether the husband’s art activity qualified as self-employment for tax purposes, allowing deduction of business losses.
Extrahierter Entscheid
The activity did not constitute self-employment for tax purposes because it had not produced income over a prolonged period and was not oriented toward earnings in a meaningful way.
Extrahierte Begründung
A self-employed activity must be capable of generating income at least in the medium term. Persisting in an activity for years despite continuous losses means it is generally no longer an income-generating occupation. The artist had made only negligible profits in a few years and substantial losses for many years.