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COLM PRODUCER, INC. v. U.S.

Civil Action No. 3:03-CV-3042-N.

460 F.Supp.2d 713 (2006)

COLM PRODUCER, INC., Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, N.D. Texas, Dallas Division.

October 16, 2006.

Attorney(s) appearing for the Case

Michael P. Lynn; Christopher J. Schwegmann, Jeffrey M. Tillotson, Lynn Tillotson & Pinker, Dallas, TX, Bryan C. Skarlatos, Megan L. Brackney, Kostelanetz & Fink, New York City, for Plaintiff.

Michelle C. Johns, Thomas M. Herrin, U.S. Department of Justice, Tax Division, Dallas, TX, for Defendant.

ORDER

GODBEY, District Judge.

Before the Court is Plaintiff COLM Producer, Inc.'s ("COLM") Motion for Summary Judgment [29] and Defendant United States of America's ("the Government") Cross-Motion for Summary Judgment [35]. Because the Court finds that the obligation to close the short sale transaction constitutes a liability within the meaning of section 752 of the Internal Revenue Code, the Court denies COLM's motion for summary judgment and grants the...

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