- 30 - 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 CongressPage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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