109 T.C. No. 21 UNITED STATES TAX COURT LAKEWOOD ASSOCIATES, ROBERT G. MOORE, TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 24656-93. Filed December 29, 1997. L, a partnership, purchased land on which it intended to build single-family residences. At the time of purchase, the land was zoned for agricultural use and one-third of the land was wetlands under Federal wetland regulations. In 1988, L applied for rezoning of the land to residential, and in 1989, L's rezoning application was denied. Also in 1989, new Federal wetland regulations were issued that resulted in about 75 percent of the land’s being classified as wetlands. L is required to obtain a permit under the Clean Water Act of 1977, Pub. L. 95-217, sec. 67(a) (commonly called a section 404 permit), 91 Stat. 1566, 1600, 33 U.S.C. sec. 1344 (1994), before beginning the residential project on the wetland portion of the land. L did not apply for a permit in 1989, and L did not sell or abandon the property. The land remains zoned for agricultural use. L claimed a loss deduction under sec. 165, I.R.C., in 1989 for the decrease in property value of the land based on its inability to use thePage: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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