Susan Gloger Moncrief and Peter L. Gloger, Independent Co-Executors of the Estate of Leroy J. Gloger and Reba K. Gloger v. United States

CLARK, Chief Judge:

The taxpayers appeal, the trial court’s grant of a judgment notwithstanding the verdict. The appellate issue turns on whether the tax attributes associated with operations of certain commercial real estate properly accrued to the corporation that held legal title, as the Commissioner contended, or whether those tax attributes properly accrued to a partnership, as the taxpayers contended and the jury found, because the corporation held the property merely as the agent or nominee of the partnership. Finding the evidence sufficient to support the jury’s verdict, we reverse and…