- 33 - 132, 169-170 (1992), affd. sub nom. Hildebrand v. Commissioner, 28 F.3d 1024 (10th Cir. 1994); see also Tallal v. Commissioner, T.C. Memo. 1984-486, affd. 778 F.2d 275 (5th Cir. 1985). The Memorandum used three critically flawed assumptions to support the economic projections of Stonehurst’s asserted profitability after having paid a 67-percent production royalty. The first was the assertion in the Coburn report of a 90-percent chance of finding oil with the projected drilling program, which as we have found, was completely unwarranted and invalidates the economic projections. The Memorandum projected as many as 23 wells producing 5 barrels a day in 1981 out of a total of 25 wells drilled. A 10-percent likelihood of finding oil at all renders virtually nil the possibility that Stonehurst could pay the minimum annual royalty. This flawed assumption also highlights internal inconsistencies in the Memorandum, which, on one page, disavowed any intention to conduct exploratory drilling, while on another page, warned of the risks involved in “exploration” for oil. The second flawed assumption was the projected size of the reserves. The Coburn report estimated that only 518,400 barrels of oil would be produced over a 15-year period, while the economic projections in the Memorandum projected, without any additional support, that 757,700 barrels would be produced over a similar period. Neither the Coburn report nor the Memorandum cited any justification for either estimate. These projectedPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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