Melvin J. Laney and Carolyn A. Laney - Page 14

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            sale.  Laney used the $18,000 to pay R.K. expenses.  Petitioners                          
            did not report the sale, the $18,000 income therefrom, or the                             
            R.K. expenditures on their 1981 tax return.  Petitioners deducted                         
            the $18,000 expenditures on their 1983 tax return, but did not                            
            report the $18,000 income on their 1983 tax return.                                       
                  On July 31, 1978,7 Laney filed a joint permit application                           
            with the Army Corps of Engineers and the Florida Department of                            
            Environmental Regulations for permits to develop the Island as a                          
            primate breeding and vaccine testing facility.  In a “FINAL                               
            ACTION” dated October 22, 1979, the Army Corps of Engineers                               
            denied Laney’s permit application to (1) discharge fill material                          
            in navigable waters in order to form a permanent concrete capped                          
            pier, and (2) construct a floating pier in navigable waters, both                         
            of which Laney believed were necessary in order to develop the                            
            Island as a primate breeding and vaccine testing facility.                                
                  On March 16, 1980, Laney sued in the Court of Claims,                               
            alleging (1) that the action, described supra, of the Army Corps                          
            of Engineers denied any access to or use of the Island, and thus                          
            (2) that the action constituted a taking for which Laney should                           
            be compensated in the amount of $16,347,250.  Laney’s counsel in                          



                  7     So stipulated.  The Court of Claims found that the                            
            application was filed on July 9, 1978.  Laney v. United States,                           
            228 Ct. Cl. 519, 661 F.2d 145, 146 (1981).  The difference in                             
            dates is not material for our purposes.                                                   




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