- 7 - 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 aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011