Questione giuridica chiave
Whether unpaid credited gains from the forex scheme were taxable income.
Decisione estratta
Only credited gains that were actually realizable were taxable; unpaid and uncertain credits were not realized income.
Motivazione estratta
Because the konkursmass had a plausible claw-back claim under Art. 288 SchKG and the credits would likely have been challenged, the unpaid credits were not sufficiently certain to count as realized income.