Questão jurídica principal
Whether the municipal tax commission had standing to file a public law appeal under Art. 73 StHG or Art. 89 BGG.
Decisão extraída
The municipality lacked standing because no express statutory authorization granted Zug municipalities the right to challenge such cantonal judgments before the Federal Supreme Court.
Fundamentação extraída
Art. 73 Abs. 2 StHG requires an explicit substantive authorization. In Zug, real estate gains tax is municipal, but the law only authorizes the cantonal tax administration to appeal; unlike in some other cantons, no provision empowers the municipalities themselves. Standing under Art. 89 Abs. 1 or 2 lit. c BGG was also not shown.