MARRIOTT INTERN. RESORTS, L.P. v. U.S.

No. 2009-5007.

586 F.3d 962 (2009)

MARRIOTT INTERNATIONAL RESORTS, L.P., and Marriott International JBS Corporation, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

October 28, 2009.


Attorney(s) appearing for the Case

Robert L. Willmore, Crowell & Moring LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were Harold J. Heltzer and Alex E. Sadler.

Joan I. Oppenheimer, Attorney, Appellate Section, Tax Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were John A. DiCicco, Acting Assistant Attorney General, Gilbert S. Rothenberg, Acting Deputy Assistant Attorney General, and Richard Farber, Attorney.

Before MAYER, RADER and MOORE, Circuit Judges.


PER CURIAM.

Marriott International Resorts, L.P. and Marriott International JBS Corporation (collectively, "Marriott") appeal the decision of the United States Court of Federal Claims in Marriott International Resorts, L.P. v. United States, 83 Fed.Cl. 291 (2008). The court determined that in 1994 the obligation to close a short sale qualified as a liability under I.R.C. § 752 and that the IRS properly adjusted the outside basis of the Marriott partners...

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