Lakewood Associates, Robert G. Moore, Tax Matters Partner - Page 6

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          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 the             




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