Questione giuridica chiave
Whether the taxpayer was subject to Swiss tax by economic affiliation through a business establishment in Ticino.
Decisione estratta
Yes. The Court held that his independent gainful activity in Ticino was sufficient to establish limited tax liability; a fixed infrastructure in Switzerland was not required on these facts.
Motivazione estratta
Because no double-tax treaty with Monaco existed, Swiss domestic law applied without restriction. The criminal judgment had already established gainful activity in Ticino, and the evidence also supported use of the Lugano apartment for patrimonial management.