- 6 - final partnership administrative adjustment (FPAA) to Lakewood stating in pertinent part: Since it has not been established that a condemnation, involuntary conversion or a disposition based on a closed completed transaction occurred within the meaning of the Internal Revenue Code, no loss is allowable. In addition, it has not been established that the designation of your property as wetlands or the issuance of the wetlands manual and regulations deprived you of all economic use of the property. If, however, the issuance of the wetlands manual and regulations is ultimately determined to constitute a condemnation, an involuntary conversion, or other allowable loss; any such loss must be reduced by the partnership's right to reimbursement for such loss. Since you have not established that such reimbursement would not equal or exceed the partnership's basis in the property, no loss is allowable. In response to the FPAA, petitioner invoked this Court's jurisdiction by filing a timely petition for readjustment of partnership items. As indicated, the matter is presently pending before the Court on respondent's Motion for Summary Judgment. For purposes of the present motion only, respondent: (1) Admits all of the allegations of fact contained in the petition; and (2) concedes that the issuance of the Wetlands Manual so restricted Lakewood's ability to develop its property as to amount to a "taking" of the property within the meaning of sections 1231 and 165. Assuming there was such a taking, respondent maintains that she is entitled to judgment as a matter of law on the theory that Lakewood "had a co-extensive right to reimbursement from the Federal Government which would reduce to zero the amount of thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011