- 18 - 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),Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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