Peabody Natural Resources Company, f.k.a. Hanson Natural Resources Company, Cavenham Forest Industries, Inc., A Partner Other Than The Tax Matters Partner - Page 24

                                       - 24 -                                         
               However, Peabody seeks to come within the safe harbor of               
          section 1.1031(a)-1(c), Income Tax Regs., by relying on the                 
          renewal terms of the supply contract that might cause the                   
          contracts to last 30 years or more.11  In Century Elec. Co. v.              
          Commissioner, 15 T.C. 581, 591-592 (1950), affd. 192 F.2d 155               
          (8th Cir. 1951), we indicated that subsequent 10-year periods               
          were added to the initial term of a 25-year lease to meet the               
          requirements of a leasehold for 30 years or more under the                  
          Treasury regulation safe harbor.  See also Rev. Rul. 78-72, 1978-           
          1 C.B. 258, which would allow the addition of optional renewal              
          periods to determine if a leasehold interest was for 30 years or            
          more.                                                                       



               10(...continued)                                                       
               where the water right, whatever its size, is in                        
               perpetuity, as distinguished from a right to a specific                
               total amount of water or to a specific  amount of water                
               for a limited period, the water rights and the land                    
               involved are regarded as sufficiently similar to                       
               constitute property of a like kind within the meaning                  
               of section 1031(a) of the Code. * * *                                  
               11We previously have indicated that a short-term leasehold             
          of real property is not equivalent to a fee interest for purposes           
          of sec. 1031.  Capri, Inc. v. Commissioner, 65 T.C. 162, 181-182            
          (1975); May Dept. Stores Co. v. Commissioner, 16 T.C. 547, 556              
          (1951); Standard Envelope Manufacturing Co. v. Commissioner, 15             
          T.C. 41, 48 (1950).  As we observed in Smalley v. Commissioner,             
          116 T.C. 450, 464 n.11 (2001), this characterization of short-              
          term leasehold interests derives not from any particular State              
          law characterization but from negative implication of                       
          longstanding regulations which provide that an exchange of a 30-            
          year lease for a fee interest qualifies as a like-kind exchange             
          under sec. 1031.                                                            




Page:  Previous  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  Next

Last modified: May 25, 2011