Peabody Natural Resources Company, f.k.a. Hanson Natural Resources Company, Cavenham Forest Industries, Inc., A Partner Other Than The Tax Matters Partner - Page 19

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          affd. in part and revd. in part 241 F.2d 78 (5th Cir. 1957),                
          affd. sub nom. Commissioner v. P.G. Lake, Inc., 356 U.S. 260                
          (1958)).  Respondent contends that the supply contracts                     
          constitute property of a different kind and class and are not               
          like-kind property to the gold mining property Peabody                      
          transferred, because the contracts are of an intrinsically                  
          different nature and character from gold mining property.  See              
          sec. 1.1031(a)-1(b), Income Tax Regs.                                       
               Finally, respondent argues that Koch is distinguishable from           
          and inapplicable to this case because the condominium leases in             
          Koch were 99-year (long-term) land leases, whereas the coal                 
          supply contracts we consider are only interests in coal to be               
          removed from the ground.8  Respondent also attempts to                      
          distinguish Koch, where condominium leaseholders had the primary            
          right directly to use the land, from this case, where the coal              
          buyers have no direct and substantially similar right to use the            
          Lee Ranch mine land.                                                        
               C.  Analysis                                                           
               We agree with respondent that exchanges of real property               
          interests are not, ipso facto, like-kind exchanges under section            
          1031.  Koch v. Commissioner, supra at 64-65; see also Smalley v.            


               8We note that respondent does not carry this reasoning into            
          the question of whether the Lee Ranch mine (land in fee and coal            
          leases) is like-kind property to the two gold mine properties               
          received in exchange.                                                       




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