- 2 - New Mexico law. Held, further, amplifying the holding in Koch v. Commissioner, 71 T.C. 54 (1978), the coal supply contracts are “like-kind” property within the meaning of sec. 1031, I.R.C., and are not taxable as part of the exchange. Martin D. Ginsburg, Alan S. Kaden, and Richard A. Wolfe, for petitioner. Alan M. Jacobson and Donald L. Wells, for respondent. OPINION GERBER, Chief Judge: The parties filed motions for summary judgment1 under Rule 1212 at docket No. 20328-04 with respect to the issue of whether coal supply contracts that burdened coal mine property received by a partnership, as part of an exchange under section 1031, are like-kind property to the gold mining property transferred by the partnership. Background On June 25, 1993, Peabody Natural Resources Co. (a partnership then known as Hanson Natural Resources Co.) (Peabody) 1Respondent filed a cross-motion for partial summary judgment, as his position, if correct, would not have resolved all controversy between the parties. However, the partnership’s position, if correct, would be dispositive of all matters in controversy. 2All Rule references are to the Tax Court Rules of Practice and Procedure, and all section references, unless otherwise indicated, are to the Internal Revenue Code as amended and in effect for the years in issue.Page: Previous 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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