- 58 - attorney, Mr. Swonke, to conduct title and lease reviews on the Tri-Power properties. On the basis of the foregoing, we conclude that petitioner's investigation of Tri-Power's reserves equaled, if not exceeded, petitioner's investigation of Tri-Power's NOL's. Respondent, however, is critical of petitioner's reliance on the 1986 LAM reserve reports. Respondent contends that it was absurd for petitioner to rely solely on the seller's reserve report without an independent verification. We disagree. LAM was an independent engineering firm, experienced with Tri-Power's reserves. Moreover, it was petitioner's standard practice to use the seller's updated (i.e., rolled-forward) reserve report to evaluate potential acquisitions, and that practice was standard in the industry. Next, respondent contends that the 1986 LAM updated reserve report was unreliable because (1) it did not take into account the 1986 updated production data, and (2) it included several wells with little to no production history. Respondent suggests that petitioner willingly disregarded 1986 updated production data because it would have resulted in a lower reserve valuation. The 1986 updated production data, however, was available to petitioner during its investigation of Tri- Power's reserves. Petitioner was also aware that the 1986 LAM reserve reports included wells with little to no production history. Accordingly, petitioner had all the information necessary to make its own determination concerning the value ofPage: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Next
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