Pelle Karlsson and EvelynT. Karlsson - Page 16

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            to be shared among all of the partnerships, each burdened by its                          
            own debt obligations to Elektra and to TexOil.                                            
                  Cayias errs in his projection that 50 percent of the oil in                         
            place would be recovered.  This projection or assumption, based                           
            on Bursell's testimony, is not reasonable and is indefensible.                            
                  Cayias seeks to justify the large technology license fees                           
            for which Cromwell became obligated by a projection based on the                          
            application of traditional steam flood technology rather than on                          
            any technology licensed by Cromwell from Elektra.  Cayias'                                
            analysis simply supports respondent's position that the license                           
            of a portfolio of EOR technology was totally unnecessary and                              
            unjustified.                                                                              
                  The evidence establishes that the technology license fees                           
            for which Cromwell became obligated were not customary in the                             
            industry and were grossly overvalued.  Petitioners have failed to                         
            distinguish this case from Krause v. Commissioner, 99 T.C. 132                            
            (1992), with regard to the license fees for the EOR technology.                           
                  Petitioners also argue that Cromwell had a greater potential                        
            for profit than Technology-1980 because Cromwell agreed to pay                            
            less for its TexOil tar sands acreage than did Technology-1980.                           
            As respondent's expert, Henry J. Gruy, explained, however, the                            
            consideration agreed to by Cromwell with regard to the tar sands                          
            acreage still exceeded fair market value because, absent any                              
            reserves, its value was zero.                                                             





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