Peabody Natural Resources Company, f.k.a. Hanson Natural Resources Company, Cavenham Forest Industries, Inc., A Partner Other Than The Tax Matters Partner - Page 29

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          from the Lee Ranch mine land and its supply contracts payment               
          rights for the coal cannot be separated from its ownership of the           
          Lee Ranch mine coal reserves.  Those rights are part of the                 
          bundle of rights incident to Peabody’s ownership of the Lee Ranch           
          mine land coal reserves.  Indeed, those supply contracts give               
          Peabody no right to mine and extract coal from that land.                   
          Instead, Peabody’s right to mine and extract coal from that land            
          comes solely from its ownership of that land and coal reserves.             
               As to the right to payment under the contracts for coal                
          furnished, those rights are ancillary to Peabody’s ownership of             
          the coal reserves.  Accordingly, the question of whether the                
          supply contracts afford an advantageous or detrimental coal price           
          to Peabody is immaterial in that setting.  See Koch v.                      
          Commissioner, 71 T.C. at 68.  Because we hold that the right to             
          receive income from the tenant is part of the bundle of rights              
          ancillary to and inherent in the ownership of the realty, the               
          question of whether the lease was advantageous or detrimental to            
          the fee owner is immaterial.                                                
               It is true Peabody is obligated to mine and supply coal to             
          meet the operating needs of power stations and that Peabody is              
          prohibited from impairing the contracted-for supply by selling              
          coal to other buyers.  In our view those contract obligations and           
          restrictions constitute a distinction in the grade or quality of            
          the old and new mining properties rather than a difference in               






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