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HICKS v. UNITED STATES

No. 85-1339.

787 F.2d 1018 (1986)

Wiley N. HICKS, Jr. and Roberta Hicks, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 23, 1986.

Attorney(s) appearing for the Case

Whittenburg, Whittenburg & Schachter, Cary Schachter, Michael L. Monhollon, Amarillo, Tex., for plaintiffs-appellants.

Glenn L. Archer, Michael L. Paup, Chief, Appellate Sec., Richard Farber, Kenneth L. Greene, David Pincus, Asst. Attys. Gen., Dept. of Justice, Tax Div., Washington, D.C., for defendant-appellee.

Before RANDALL, and GARWOOD, Circuit Judges, and SCHWARTZ, District Judge.

RANDALL, Circuit Judge:

Following a jury verdict in favor of the plaintiffs, the district court granted the government's motion for judgment notwithstanding the verdict, holding that capital was an income-producing factor in the plaintiffs' business in 1975 and 1976. The plaintiffs appeal. We affirm.

I.

Wiley and Roberta Hicks (the "Hickses") ran a general contracting business in 1975 and 1976 in Amarillo, Texas. The Hickses obtained most of their...

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