Question juridique clé
Whether the restaurant property in J. was business assets or private assets for direct federal tax purposes.
Solution extraite
The property was predominantly used for business and therefore qualified as business assets; the capital gain on sale was taxable.
Motifs extraits
The decisive criterion is the current technical-economic function of the asset. The court upheld the lower court's factual findings on use, rejected the new post-sale rent argument as an inadmissible novum, and held that bookkeeping and the 50/50 allocation used for cantonal property-gain tax did not control the federal income-tax qualification under the prevalence method.