-14- assertion, the mere fact that GBI had to remove and dispose of the unusable materials does not necessarily mean that the landowners surrendered an interest in those materials when they were in place. In fact, given that the materials were only characterized as unusable after they were inspected by the engineer following excavation, we conclude to the contrary that all interests in the unusable materials which the landowners surrendered to GBI were in materials not in place. This factor favors respondent. As to the fifth factor, petitioners observe that the taxpayers in Parsons could not keep or sell any of the coal but were required to deliver it all to the owners. Petitioners conclude that this factor favors them because, they claim, GBI never delivered the unusable materials to the landowners. We disagree with petitioners’ conclusion. Contrary to their assertion, GBI was required to and did in fact deliver the unusable materials to the landowners by way of their engineer. Only after the materials had been excavated and declared unusable by the engineer did GBI’s interest in the unusable materials arise. This factor favors respondent. As to the sixth factor, petitioners observe that the taxpayers in Parsons received only a set price for each ton of coal mined and delivered. Petitioners conclude that this factor favors them because GBI received the set amount in the contractsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011