Peabody Natural Resources Company, f.k.a. Hanson Natural Resources Company, Cavenham Forest Industries, Inc., A Partner Other Than The Tax Matters Partner - Page 28

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          other property or boot under section 1031(b), because the                   
          “lessor’s fee simple interest cannot be so fragmented.”                     
               In return for the gold mining property Peabody, among other            
          things, received the Lee Ranch coal mine, which was subject to              
          two coal supply contracts.  Respondent acknowledges that the Lee            
          Ranch mine (consisting of fee simple land and coal leases) is               
          like kind to the gold mining property and qualifies for                     
          nonrecognition treatment under section 1031(a).13  Respondent,              
          however, contends this case is distinguishable from Koch.                   
          Respondent argues that the coal supply contracts are separable              
          from the Lee Ranch mine and constitute taxable other property or            
          boot under section 1031(b).  In other words, respondent argues              
          those two supply contracts can be fragmented and are not                    
          inextricably bound up with Peabody’s ownership of the Lee Ranch             
          mine’s coal reserves.  We disagree.                                         
               Although each supply contract is also a contract for the               
          sale of goods under New Mexico law and does not give the                    
          utility/buyer a right to extract coal from the Lee Ranch mine               
          land, in the context of this case we do not find those                      
          distinctions to be significant nor to sufficiently distinguish              
          this case from Koch.  Peabody’s right to mine and extract coal              

               13Apparently, respondent does not dispute that the exchange            
          of leasehold for fee interest here is all right.  In addition               
          Peabody’s right to mine and extract coal from the Lee Ranch mine            
          is obviously substantially alike to the right to mine and extract           
          gold from the two gold mines.                                               




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