Federal Circuit: October 2009 Archives
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October 2009 Archives

Marriott Int'l. Resorts, LP. v. US, No. 09-5007

In a partnership-taxation case involving Marriott, United States Court of Federal Claims' grant of summary judgment in favor of the government is affirmed in its determination that in 1994 the obligation to close a short sale qualified as a liability under I.R.C. section 753 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.    

Read Marriott Int'l. Resorts, LP. v. US, No. 09-5007

Appellate Information

Appeal from:  United States Court of Federal Claims

Decided October 28, 2009

Judges

Before Mayer, Rader, and Moore, Circuit Judges

Per Curium Opinion 

Counsel

For Appellant: Robert L. Willmore, Crowell & Moring LLP, Washington, DC 

For Appellee: Joan I. Oppenheimer, Appellate Section, Tax Division, United States Department of Justice, Washington, DC.

Republic Sav. Bank, F.S.B. v. US, No. 08-5075

In plaintiffs' breach of contract claim against the U.S. government arising from the savings and loan crisis of the early 1980s, the decision of the Court of Federal Claims summarily awarding plaintiffs restitution damages is affirmed in part, reversed in part, vacated and remanded where: 1) government's challenge to the restitution award of $17 million for plaintiffs' capital contribution is rejected; 2) trial court erred in including, as part of the restitution award, the sale premium; 3) trial court erred by not reducing the award by $4.287 million, the value of the tax benefits plaintiffs received; and 4) trial court did not err in offsetting plaintiffs' award with the government's $3 million cash contribution. 

Read Republic Sav. Bank, F.S.B. v. US, No. 08-5075

Appellate Information

Appeal from:  United States Court of Federal Claims

Decided October 21, 2009

Judges

Before Lourie, Clevenger, and Schall, Circuit Judges

Opinion by Clevenger, Circuit Judge.   

Counsel

For Appellant:  Christopher T. Handman, Hogan & Hartson LLP, Washington, DC.

For Appellee:  Jeanne E. Davidson, United States Department of Justice, Washington, DC.

Acceptance Ins. Co., Inc. v. US, No. 09-5015

The Court of Federal Claims' dismissal of plaintiff's takings claim pursuant to RCFC 12(b)(6) is affirmed as the court did not err in holding that the plaintiff failed to allege a legally cognizable property interest for Fifth Amendment purposes in the ability to freely transfer a portfolio of insurance policies, and thus, there was no cognizable property interest that could be taken when the Risk Management Agency rejected the proposed sale to another company in the crop insurance business. 

Read Acceptance Ins. Co., Inc. v. US, No. 09-5015

Appellate Information

Appeal from:  United States Court of Federal Claims

Decided October 1, 2009

Judges

Before Rader, Plager, and Schall, Circuit Judges

Opinion by Schall, Circuit Judge.   

Counsel

For Appellant:  Lewis S. Wiener, Sutherland Asbill & Brennan LLP

For Appellee:  Michael N. O'Connell, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice.