Samson Investment Company and Subsidiaries - Page 30

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               Mr. Arnold and Mr. West both testified that in 1986 CDC                
          maintained its rigs in a state of readiness for immediate return            
          to active drilling when the contract drilling market turned                 
          around.  Maintenance was performed at a cost of approximately               
          $20,000 per month.  Maintenance was performed to keep CDC's rigs            
          in condition to return to active drilling in a matter of days if            
          the market for deep drilling improved.                                      
               In 1986 and through the time of the change of ownership, CDC           
          owned all assets necessary for a contract drilling business.  CDC           
          had 15 rigs and related equipment, drill pipe, three rig yards,             
          and working interests in oil and gas properties.  This is in                
          marked contrast to the taxpayer in United States v. Fenix and               
          Scisson, Inc., 360 F.2d 260, 268 (10th Cir. 1966), in which the             
          court stated that the “attempt to sell nearly all of * * *                  
          [Oronogo's] equipment is incompatible with the idea that it was             
          merely standing by intending to resume operations should business           
          factors improve.”  In Fenix and Scisson, Inc., the acquired                 
          company (Oronogo) had attempted to sell between 80 and 90 percent           
          of its assets more than 3 years before the acquisition.  The                
          court found that “Had they been completely successful in selling            
          equipment, they would have been unable to resume operations short           
          of repurchasing necessary equipment.  We hardly believe Congress            








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