Questione giuridica chiave
Whether the cantonal appellate court unlawfully defined the subject matter too narrowly and failed to examine the set-off of earlier losses under cantonal tax law.
Decisione estratta
The appellate court correctly held that the loss set-off question was no longer part of the dispute because the company had expressly limited its request to trust protection based on alleged assurances.
Motivazione estratta
In administrative review, the dispute is determined by the challenged decision and the relief sought, not by all possible arguments. A party may narrow the dispute by express declaration; once the company stated that it no longer contested the correct application of the substantive tax law, it could not later reintroduce that issue before the appellate court.