Peabody Natural Resources Company, f.k.a. Hanson Natural Resources Company, Cavenham Forest Industries, Inc., A Partner Other Than The Tax Matters Partner - Page 18

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          potential renewals) could have a duration or term lasting 30 or             
          more years.  Petitioner’s argument is based on section 1.1031(a)-           
          1(c), Income Tax Regs., which provides a safe harbor for a 30-              
          year or greater leasehold of a fee to qualify as “like kind” to a           
          fee interest in real property.                                              
               Finally, petitioner places reliance in Koch v. Commissioner,           
          71 T.C. 54, 65-70 (1978), a case which petitioner contends is               
          indistinguishable from the circumstances we consider here.  In              
          that case, this Court held that two parcels of fee simple real              
          property were like kind, under section 1031(a), even though one             
          parcel was subject to 99-year condominium leases.  In Koch, it              
          was reasoned that the leases did not constitute boot because they           
          were not separable from the fee simple real property interest.              
               B.  Respondent’s Arguments                                             
               Conversely, respondent contends that the fact that the                 
          supply contracts are treated as real property interests under New           
          Mexico law does not conclusively establish that they are like               
          kind to the gold mining property Peabody transferred.  Respondent           
          argues that like kind status of the supply contracts, for                   
          purposes of section 1031, is a question of Federal tax law.                 
          Respondent also notes that section 1031 case precedent does not             
          support the axiom that exchanges of real property are ipso facto            
          like kind.  On this point, see Koch v. Commissioner, supra at 64-           
          65 (citing Fleming v. Commissioner, 24 T.C. 818, 823-824 (1955),            






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