Harm De Boer - Page 8

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          $200 per year.  Petitioner also maintained business licenses, and           
          submitted written proposals to provide drilling services to oil             
          and construction companies during the relevant period.  With the            
          exception of written proposals in 1992 and 1993, petitioner did             
          not retain written records of his efforts to find work for his              
          drilling operation.                                                         
               While petitioner used the drill rig to drill some holes on             
          his own property,7 he has never been able to obtain contracts to            
          use the drill rig commercially for clients.  Petitioner                     
          attributes his inability to obtain drilling business to a general           
          depression in the level of economic activity in Alaska during               
          this period, due to the decline in oil prices.  Indeed, oil                 
          prices did decline sharply in 1986, and thereafter, through 1991,           
          remained at substantially lower levels than they were at in 1984            
          and 1985.8                                                                  


          7The record does not disclose the nature of petitioner's                    
          property, which he characterizes as "commercial", and whether               
          petitioner's drilling on the property was merely to test                    
          operative capabilities of petitioner's equipment or to benefit              
          the property.                                                               
          8Neither party asked the Court to take judicial notice of                   
          the decrease in oil prices or general economic activity that                
          began in 1985.  However, on brief and at trial, both parties                
          referred to a decline in oil prices during the relevant period              
          and appear to agree that it had a general depressing effect on              
          the levels of construction and general economic activity in                 
          Alaska.  Crude oil price summaries for the relevant periods are             
          available, and we take judicial notice of them, under Fed. R.               
          Evid. 201(a).                                                               
                                                             (continued...)           




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