- 5 - 6659, and 6661 of additions to tax for negligence, for valuation overstatements, and for substantial understatements of tax. As indicated, our findings and holdings in Krause v. Commissioner, supra, were affirmed by the U.S. Court of Appeals for the Tenth Circuit. The license agreements entered into by Boulder, Tech-1979, and Winfield with Elektra are not materially different from the license agreements entered into by the partnerships involved in the Krause test cases. Facts found and conclusions reached in Krause with regard specifically to lack of profit objective of the partnerships involved in Krause are incorporated herein by reference and apply to Boulder, Tech-1979, and Winfield. Similar to our findings in Krause v. Commissioner, supra at 169, with regard to the partnerships involved therein, the stated consideration agreed to by Boulder, Tech-1979, and Winfield for the license of enhanced oil recovery (EOR) technology and for the lease of tar sands properties was excessive, bore no relation to the value of that which was acquired, did not conform to industry norms, and precluded any realistic opportunity for profit. In the oil and gas industry, a portfolio of technology is not ordinarily licensed when it is not known whether the technology will even work on the property on which the technology is to be implemented. EOR technology is known to be site specific. For this reason, the acquisition of a portfolio of EORPage: 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