Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Marriott International Resorts, L.P. v. United States

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Before MAYER, RADER and MOORE, Circuit Judges.

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 for the 1994 tax year to account for the partnership’s assumption of the obligation to close certain short sales. Therefore, the court granted the United States’ motion for summary judgment and entered judgment for the United States. Marriott Int’l Resorts, L.P. v. United States, Nos. 01-256-T and 01-257-T (consolidated) (Fed. Cl. Aug. 28, 2008) (judgment). Marriott, relying primarily on a line of cases from the United States Tax Court beginning with Helmer v. Commissioner, 34 T.C.M. (CCH) 727 (1975), argues that as of 1994, the obligation to close a short sale did not qualify as a “liability” for purposes of I.R.C. § 752.

We review a trial court’s grant of summary judgment de novo, reapplying the same standard used by the trial court. Ethicon Endo-Surgery, Inc. v. U.S. Surgical Corp., 149 F.3d 1309, 1315 (Fed. Cir. 1998). We have applied that standard in our consideration of the record, including the briefs and arguments of counsel, and we conclude that the Court of Federal Claims correctly determined that the obligation to close a short sale qualified as a “liability” under I.R.C. § 752 as of 1994. We therefore affirm, and we adopt the opinion of the Court of Federal Claims for the reasons stated in its opinion, a copy of which is attached as an Appendix.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Associate General Counsel, Global Employment

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...


Apply Now ›
Associate Attorney

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...


Apply Now ›
INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›
Go to Lawjobs