Questão jurídica principal
Whether depreciation may be denied for securities entered in the balance sheet of a commercial company because they are not directly tied to operations.
Decisão extraída
No. For commercial companies, the balance sheet covers the whole company activity, including assets not strictly connected with operations, so depreciation may in principle concern all balance-sheet assets.
Fundamentação extraída
The cantonal authority's distinction between operating and non-operating assets is untenable for commercial companies. It would be logically required to exclude non-operating assets from both the balance sheet and the profit-and-loss calculation, but the authority did not do so. The selective reliance on such assets when favorable to the tax authority, while disregarding them when favorable to the taxpayer, is arbitrary.