- 11 - reasonable prospect of recovery, no loss may be reported until it can be ascertained with reasonable certainty whether or not such reimbursement will be received. Section 1.165-1(d)(2)(i), Income Tax Regs., further provides that 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. Respondent argues that, assuming Lakewood suffered a "taking" in this case, Lakewood necessarily possessed a "reasonable prospect of recovery" as contemplated under section 1.165-1(d)(2)(i), Income Tax Regs. Relying on affidavits executed by Lakewood's environmental engineering consultants, petitioner counters that, by virtue of COE's method of operation, there is a genuine issue of fact whether Lakewood's property was taken in such a manner as to eliminate any reasonable prospect of recovery. While there is a certain allure in the fundamental logic underlying respondent's argument, on the whole we find respondent's position to be overly simplistic. It is beyond peradventure that the Federal Government is obliged to provide just compensation where private property is taken within the meaning of Fifth Amendment. See, e.g., Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992). Nevertheless, respondent's abstract concession that Lakewood suffered aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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