- 8 - taxpayer claims that the taxable year in which a loss is sustained is fixed by his abandonment of the claim for reimbursement, he must be able to produce objective evidence of his having abandoned the claim, such as the execution of a release. [Emphasis added.] In sum, section 1.165-1(d)(2)(i), Income Tax Regs., provides that a loss is not sustained, i.e., recognized, for purposes of section 165(a), if there exists a claim for reimbursement with respect to the loss for which there is a reasonable prospect of recovery, until it can be ascertained with reasonable certainty whether or not such reimbursement will be received. Respondent's Motion for Summary Judgment is premised on the theory that Lakewood was guaranteed full compensation for the loss resulting from the classification of its property as wetlands. In particular, assuming the classification of Lakewood's property as wetlands constitutes a "taking" of the property, respondent contends that Lakewood is guaranteed to be compensated by the Federal Government pursuant to the Fifth Amendment to the U.S. Constitution which provides that "private property [shall not] be taken for public use, without just compensation." Petitioner presents four alternative arguments in opposition to respondent's motion. First, petitioner contends that, to the extent respondent's motion is based on an admission of all allegations of fact contained in the petition, respondent isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011