- 23 - Preliminarily, we consider the parties’ disagreement concerning whether a towboat engine should be considered separately from the towboat. Respondent’s argument is constructed in a manner that focuses on the engines, which ostensibly provides better comparisons for his arguments by magnifying the cost of the procedures performed through a reduction of the scale of the asset being considered. Petitioners contend that, factually, there is no predicate for treating the engine separately from the towboat. Additionally, petitioners argue that the result would not be changed by solely focusing on the engines. We agree with petitioners that the record does not support a finding that, as a matter of industry practice or otherwise, the engines are purchased or treated separately from the tow boats. To the contrary, the life of a towboat is 40 years, and it is expected that the engines, if properly maintained, will also last 40 years. Towboats are purchased with engines, albeit to the buyer’s specifications, that are designed to be maintained without removing them from the boat. There was no showing that towboat owners regularly and periodically over the life of the vessel replaced the engines. Accordingly, we disregard any suggestion by respondent that thePage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011