Lakewood Associates, Robert G. Moore, Tax Matters Partner - Page 7

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          otherwise allowable loss in the year the loss occurred."                    
          Petitioner filed a response and a supporting memorandum of law in           
          opposition to respondent's motion.                                          
          Discussion                                                                  
          The issue for decision is whether, assuming the application                 
          of the Wetlands Manual effected a "taking" of Lakewood's                    
          property, respondent is entitled to summary judgment that                   
          Lakewood is nonetheless precluded from reporting a loss relating            
          to such event on the ground that it possessed a claim for                   
          reimbursement from the Federal Government with respect to which             
          there was a reasonable prospect of recovery.                                
          Section 165(a) states the general rule that a deduction may                 
          be reported for any loss sustained during the taxable year and              
          not compensated for by insurance or otherwise.  Section 1.165-              
          1(d)(2)(i), Income Tax Regs., which concerns the year in which a            
          loss deduction may be reported, provides:                                   
               If a casualty or other event occurs which may result in                
               a loss and, in the year of such casualty or event,                     
               there exists a claim for reimbursement with respect to                 
               which there is a reasonable prospect of recovery, no                   
               portion of the loss with respect to which reimbursement                
               may be received is sustained, for purposes of section                  
               165, until it can be ascertained with reasonable                       
               certainty whether or not such reimbursement will be                    
               received.  Whether a reasonable prospect of recovery                   
               exists with respect to a claim for reimbursement of a                  
               loss is a question of fact to be determined upon an                    
               examination of all facts and circumstances.  Whether or                
               not such reimbursement will be received may be                         
               ascertained with reasonable certainty, for example, by                 
               a settlement of the claim, by an adjudication of the                   
               claim, or by an abandonment of the claim.  When a                      




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