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VAUGHN v. UNITED STATES

Appeal No. 84-538.

740 F.2d 941 (1984)

Peter J. VAUGHN, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 1, 1984.

Attorney(s) appearing for the Case

Robert J. Murray, Omaha, Neb., argued for appellant. With him on the brief was David D. Begley, Omaha, Neb., of counsel.

Stanley S. Shaw, Jr., Washington, D.C., argued for appellee. With him on the brief were Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup and Ann Belanger Durney, Washington, D.C.

Before RICH, KASHIWA and SMITH, Circuit Judges.

KASHIWA, Circuit Judge.

Taxpayer, a former partner in Peppertree Apartments III, Ltd., appeals from a judgment of the Claims Court denying him a refund for $11,752.40 in income taxes paid for the years 1976 and 1977, 3 Cl.Ct. 316 (1984). The Claims Court held that Peppertree Apartments III, Co. (the corporation) was the owner of an apartment complex for federal tax purposes, and therefore, that certain losses generated by the property were attributable to the corporation...

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