- 19 - Respondent points out that Earl Hoover (Hoover), respondent's expert, testified that the unmined sand was inventory and not real estate. Hoover estimated that there were about 1.28 million cubic yards of unmined sand on the 76.5 acres that was worth $569,460 at the time of the exchange. He also estimated that the air space to be used as a dump was worth $732,240. His analysis is unpersuasive because those two amounts total $1,301,700, more than the arm's-length exchange price of $1.2 million for the land. Hoover treated the unmined sand as inventory. He gave the real estate no value. We believe that the land had value. Catlett, who was not respondent's employee, estimated that the land was worth $1,163,000. We give Hoover's testimony little weight. If property is exchanged as part of the land, it is not property held primarily for sale. Asjes v. Commissioner, 74 T.C. 1005, 1013-1014 (1980) (unharvested crop exchanged as part of land not property held primarily for sale for purposes of section 1031); Butler Consol. Coal Co. v. Commissioner, 6 T.C. 183, 188- 189 (1946) (coal in an abandoned coal mine was part of the real property, not a separate asset). Here, sand was not separated from and was part of the land when petitioners exchanged it. The parties to the transaction did not list sand as property petitioners exchanged. Petitioners received no considerationPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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