I am one of these people in discussion, and my main reason is mostly what Carlas said. While LOTR has magic in it, the main characters rarely, in Gandalf's Case, and never, in everyone else's case, use that magic. HP's main characters use their magic much more often.
Of course, this is just my opinion, and you all are welcome to disagree.
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"He said if I had the cheek to make verses about Earendil in the house of Elrond that was my affair."
~Bilbo~
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