Samson Investment Company and Subsidiaries - Page 32

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          business operations is the fact that petitioner did not even pay            
          its franchise tax.”).                                                       
               CDC's lack of business in 1984 resulted from adverse                   
          business conditions.  William Glass, the former president of Big            
          Chief Drilling Co., a competitor of CDC, testified that as long             
          as a drilling contractor owned rigs, it could be in the drilling            
          business.  Jerry Suits, president of Suits, and Charles Hinton,             
          the former president of W.B. Hinton Drilling Co., both testified            
          that there were instances when their own deep drilling rigs were            
          not drilling, but their companies remained in the drilling                  
          business.  Additionally, Dr. Preston L. Moore, one of                       
          petitioner's expert witnesses, testified that, during the years             
          leading up to the change of ownership, “These rigs were being               
          maintained in a state of readiness to drill.  People were out               
          trying to get contracts.  The contracting business goes on.  The            
          fact that the rigs aren't working does not mean the business is             
          not an ongoing business.”  CDC always intended to remain in the             
          contract drilling business.  Mr. Arnold testified that CDC always           
          intended to be in the contract drilling business and never                  
          intended to get out of that business.                                       
               Furthermore, under the facts here present, the filing of a             
          petition in bankruptcy does not indicate that CDC meant to cease            








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