Legal Opinion

Lakewood Assocs. v. Commissioner

United States Tax Court

Decided December 29, 1997No. Tax Ct. Dkt. No. 24656-93Published

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.

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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…

1Opinion of the Court

LAKEWOOD ASSOCIATES, ROBERT G. MOORE, TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Lakewood Assocs. v. Commissioner

Tax Ct. Dkt. No. 24656-93

United States Tax Court

109 T.C. 450; 1997 U.S. Tax Ct. LEXIS 74; 109 T.C. No. 21;

December 29, 1997, Filed

Decision will be entered for respondent.

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…

2Cases cited13 opinions

  1. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  2. Agins v. City of TiburonSupreme Court of the United States · 1980
  3. United States v. Riverside Bayview Homes, Inc.Supreme Court of the United States · 1985
  4. United States v. S. S. White Dental Manufacturing Co.Supreme Court of the United States · 1927
  5. Stanley Works v. CommissionerUnited States Tax Court · 1986

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