Free Notice (Other) - District Court of Federal Claims - federal

Case 1:01-cv-00256-CFL

Document 98

Filed 05/13/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

Nos. 01-256 T and 01-257 T (Judge Lettow) MARRIOTT INTERNATIONAL RESORTS, L.P., MARRIOTT INTERNATIONAL JBS CORPORATION, TAX MATTERS PARTNER, Plaintiff, v. THE UNITED STATES, Defendant. ___________________ NOTICE TO THE COURT ____________________

The United States hereby notifies the Court of the following opinion that was issued after the parties completed briefing their cross-motions for summary judgment with respect to the § 752 (26 U.S.C.) liability issue. In their briefs, the parties cited Colm Producer, Inc. v. United States, 460 F.Supp.2d 713 (N.D. Tex. 2006 ), appeal pending sub nom. Kornman & Assoc. Inc. v. United States, No. 0611422 (5th Cir. July 31, 2007). On May 12, 2008, the United States Court of Appeals for the Fifth Circuit issued its decision on the appeal, Kornman & Assoc. Inc. v. United States, No. 0611422 (5th Cir. May 12, 2008), which affirmed the decision of the trial court that a short sale obligation is a liability for purposes of § 752. A copy of the opinion is submitted herewith.

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Case 1:01-cv-00256-CFL

Document 98

Filed 05/13/2008

Page 2 of 2

Respectfully submitted, May 13, 2008 Date s/G. Robson Stewart G. ROBSON STEWART U.S. Department of Justice Tax Division Court of Federal Claims Section Post Office Box 26 Ben Franklin Post Office Washington, D.C. 20044 (202) 307-6493

RICHARD T. MORRISON Acting Assistant Attorney General DAVID GUSTAFSON Chief, Court of Federal Claims Section May 13, 2008 Date s/David Gustafson Of Counsel Attorneys for Defendant

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