- 10 - granted with respect to a legal issue, if there is “no genuine issue as to any material fact and * * * a decision may be rendered as a matter of law.” Rule 121(a) and (b); Craig v. Commissioner, 119 T.C. 252, 259-260 (2002); Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994). There is no disagreement between the parties as to a material fact, and therefore this matter is ripe for summary judgment. I. New Mexico Law: Are the Supply Contracts Real Property? Petitioner argues that the supply contracts are real property under New Mexico law, whereas respondent argues the contracts are not real property but some type of intangible right. A. Petitioner’s Arguments Petitioner contends that the supply contracts are real property under New Mexico law. Petitioner asserts that each contract established a servitude under which Santa Fe and successive owners of the Lee Ranch mine land have the obligation to mine and supply the coal needed pursuant to that contract to operate the utility’s power plant. This servitude, petitioner maintains, is a real property interest under New Mexico law. B. Respondent’s Arguments Respondent contends that the supply contracts are not real property under New Mexico law, relying on the fact that the contracts did not result in a transfer of ownership of the coalPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011