Questione giuridica chiave
Whether the Verwaltungsgerichtsbeschwerde against the cantonal land-gain tax judgment was admissible
Decisione estratta
The appeal was not admissible; only a constitutional complaint was available for this pre-2001 canton-tax dispute, and the filing could not be converted because no constitutional grievances were raised.
Motivazione estratta
Although land-gain tax falls under the Tax Harmonization Act and Art. 73 StHG would generally allow administrative judicial review, Art. 72 StHG gave the cantons an adjustment period until the end of 2000. Since the taxable sale occurred in 1997, the ordinary federal administrative appeal was excluded. Recharacterization failed because the submission did not satisfy the requirements of a constitutional complaint under Art. 90(1)(b) OG.