Questione giuridica chiave
Whether the 2009 lump sum from the liability insurer must be taxed under Art. 37 DBG / § 36 StG as a capital sum for recurring payments or under Art. 38 DBG / § 37 StG as a separately taxed insurance capital payment.
Decisione estratta
The lump sum falls under the special taxation rules for capital payments for death or lasting physical or health impairment, not under the rent-type taxation rule.
Motivazione estratta
Art. 38 DBG and the harmonized cantonal rules are meant to privilege capital payments from insurance, including liability and accident insurance payments for permanent bodily harm; taxpayers cannot choose the more favorable regime under Art. 37 DBG.