Peabody Natural Resources Company, f.k.a. Hanson Natural Resources Company, Cavenham Forest Industries, Inc., A Partner Other Than The Tax Matters Partner - Page 26

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          investment which remains unliquidated.  Commissioner v. P.G.                
          Lake, Inc., 356 U.S. at 268.                                                
               In determining whether the like-kind requirement of section            
          1031 had been met, we found it significant in Koch v.                       
          Commissioner, 71 T.C. at 65, that section 1031(a) refers to                 
          property of a like, not an identical, kind.  The required                   
          comparison of the old and new exchanged properties, we reasoned,            
          should be directed to whether the taxpayer, in making the                   
          exchange, has used its property to acquire a new kind of asset or           
          has merely exchanged its property for an asset of like nature or            
          character.  Id.  Examining the exchanged properties in Koch with            
          those principles in mind, we held the taxpayer’s exchange of fee            
          simple land for other fee simple land subject to 99-year                    
          condominium leases qualified for nonrecognition treatment under             
          section 1031(a) because those exchanged properties were property            
          of a like kind.  Id. at 65-70.                                              
               In Koch, we rejected the Commissioner’s contention that the            
          taxpayer/lessor’s interests (primarily the right to condominium             
          rental payments) could be separated from the taxpayer’s fee                 
          simple interest in that land.  We observed that:  (1) The                   
          taxpayer’s right to rent was not a separate and distinct item of            
          property but part of the bundle of rights incident to ownership             
          of the fee; (2) the bundle of rights and its related obligations            
          were inextricably bound up with the fee simple interest; (3) the            






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