Lakewood Associates, Robert G. Moore, Tax Matters Partner - Page 12

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          compensable "taking" does not ensure or confirm that Lakewood               
          will in fact secure such a remedy given the administrative                  
          realities of wetlands regulation.  In light of petitioner's                 
          allegations concerning COE's administrative practices, we                   
          conclude that a genuine issue as to a material fact remains in              
          dispute with regard to Lakewood's prospects for a recovery.5  For           
          these reasons, we conclude that the question of whether Lakewood            
          sustained a loss within the meaning of section 165(a) in this               
          case is not ripe for disposition by summary judgment.                       
          To reflect the foregoing,                                                   
          An order denying respondent's                                               
          Motion for Summary Judgement                                                
          will be issued.                                                             














          5  Because this matter is before us on respondent's motion                  
          for summary judgment, the inferences that we draw from the                  
          underlying facts are viewed in the light most favorable to                  
          petitioner, the party opposing the motion.  Dahlstrom v.                    
          Commissioner, 85 T.C. 812, 821 (1985).                                      




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