- 17 - royalties if any actual production resulted from use of the licensed EOR technology. Other differences alleged by petitioner have no significance. All of the partnerships, including Drake and Barton, were organized around similar stated fixed license fees that were based on a portfolio of technology, the total amount of which was based on the number of partnership units sold. The licensed technology was either merely conceptual or could have been obtained with no fixed fees. Krause v. Commissioner, supra at 158-163. The stated consideration that Drake agreed to pay for the licenses was excessive, did not bear any relationship to what was acquired, and was designed to generate deductions that would produce losses for the investors far in excess of what they contributed in cash to the partnerships. Neither Basile, Coppage, nor Krause independently investigated or attempted to determine the fair market value of the licenses. Id. at 146, 155. At the time the partnerships obtained licenses of EOR technology, the partnerships had no idea what technology they might need or whether the technology they had licensed would, or even could, be utilized. This is true for all of the partnerships, whether they had leased acreage in the Utah tarPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011