Mark W. Curry, Jr., and Bertha G. Curry v. The United States

EDWARD S. SMITH, Circuit Judge.

This is an appeal by Mark W. Curry, Jr. (taxpayer), 1 from the March 26, 1985, judgment of the United States Claims Court that section 911(b) of the Internal Revenue Code of 1954 (code) 2 applied to limit taxpayer’s personal service income to 30 percent of his earnings from the operation of Curry’s Funeral Home. We affirm.

Issue

The issue is whether the Claims Court erred in its finding that capital was a material income-producing factor in taxpayer’s business.

Background

This suit for refund arose under section 1348 of the code, which section limited the maximum…