- 37 - periods, had the contract drilling economy improved, it could have used its rigs as a contract driller. We have determined that CDC was in the contract drilling business prior to the change of ownership. Therefore, to be entitled to deduct the NOL's, it follows that CDC must have continued in the contract drilling business after the change of ownership. In H.F. Ramsey Co. v. Commissioner, 43 T.C. at 514, we reviewed the legislative history of section 382 and concluded that “it would appear that there has to be a real change in the type of business conducted to come within * * * [the] statute.” Accord Clarksdale Rubber Co. v. Commissioner, 45 T.C. 234 (1965); Goodwyn Crockery Co. v. Commissioner, supra. Both before and after the acquisition, CDC's operations are best described as a contract drilling operation. The facts in the record indicate that had CDC been in the business of buying and selling rigs, as respondent contends, CDC would have operated in a substantially different manner. After the change of ownership, CDC continued to maintain its rigs to keep them in a state of readiness for drilling. Had CDC been trying to sell its rigs, the maintenance would have been lower cost and more cosmetic in order to enhance the visual appeal ofPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
Last modified: May 25, 2011