Kernrechtsfrage
Whether the 2006 imputed rental value of the villa was taxable despite the alleged vacancy and sale efforts.
Extrahierter Entscheid
The villa remained available for the taxpayer's own use; the exception from taxation was not proven because the sale efforts were not shown to be clear, professional, and concretely substantiated.
Extrahierte Begründung
The taxpayer's own recorded statements suggested only half-hearted sales efforts, retention of options to return, and use of the property as a possible capital investment. Under the case law, imputed rent is not exempt merely because a property is empty if the owner can still dispose of it for personal use or has not shown a serious, definitive sale intention.