Frank E. Acierno - Page 4

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          partnership investments that are closely related to the limited             
          partnership investment at issue herein.                                     
               Background and other general facts as they were found in               
          Krause that relate directly and indirectly to the partnership               
          investments involved herein we, by this reference, incorporate as           
          findings of fact in the instant case.                                       
               At the time his petition was filed, petitioner resided in              
          Greenville, Delaware.                                                       
               Of the total $75,909,492 cumulative losses reported by Drake           
          on its Federal partnership income tax returns for 1981 through              
          1984 and passed through to the limited partners of Drake,                   
          $72,620,000 related to the EOR license fees purportedly owed by             
          Drake.                                                                      
               In Krause v. Commissioner, supra, we analyzed in detail the            
          various EOR technology license and lease agreements and the                 
          purported partnership debt obligations relating thereto that were           
          entered into by various of the limited partnerships (specifically           
          including Barton Enhanced Oil Production Income Fund (Barton),              
          which is closely related to Drake), and we analyzed the state of            
          development of the specific EOR technology involved in the                  
          partnership license agreements.                                             
               With regard to the excessive nature of the EOR technology              
          license agreements, we concluded in Krause that --                          

               The stated consideration agreed to by the partnerships                 
               for the license of EOR technology * * * bore no                        




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