Wiley N. Hicks, Jr. And Roberta Hicks v. United States

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 business by competitive bidding, and the remainder by private negotiation. The evidence adduced at trial demonstrated that Wiley Hicks’ solid…