- 32 - 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 ceasePage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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