Peabody Natural Resources Company, f.k.a. Hanson Natural Resources Company, Cavenham Forest Industries, Inc., A Partner Other Than The Tax Matters Partner - Page 27

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          condominium leases contained numerous provisions (some of which             
          we briefly summarized in our findings in Koch) not only securing            
          the payment of rent but also protecting the value of the                    
          taxpayer’s reversionary interest; and (4) the right to rent was             
          merely an incident of ownership of the fee simple interest.  Id.            
          at 66-68.  We also acknowledged that the 99-year condominium                
          leases prevented the taxpayer from taking physical possession of            
          the land received and using it for other purposes.  We viewed               
          that leasehold restriction on the taxpayer’s use of the new land            
          as a distinction in the grade or quality of the exchanged old and           
          new properties as opposed to a difference in their kind or class.           
          We observed that section 1031(a) “‘was not intended to draw any             
          distinction between parcels of real property however dissimilar             
          they may be in location, in attributes, and in capacities for               
          profitable use.’”  Koch v. Commissioner, 71 T.C. at 68 (quoting             
          Commissioner v. Crichton, 122 F.2d at 182).12  Finally, in Koch             
          v. Commissioner, supra at 70, we held that the value of the                 
          taxpayer’s condominium lease interests did not constitute taxable           




               12Sec. 1.1031(a)-1(b), Income Tax Regs., contains the                  
          explanation that the “like-kind” requirement concerns the nature            
          or character of property and not its grade or quality.  As we               
          observed in Commissioner v. Crichton, 42 B.T.A. 490, 492 (1940),            
          affd. 122 F.2d 181 (5th Cir. 1941), substantially similar                   
          interpretations of the term “like kind” have appeared in all                
          applicable regulations beginning with those issued under the                
          Revenue Act of 1921.                                                        




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