- 50 - lack of potential value is of no consequence. Morton v. Commissioner, supra at 1279; see also Steadman v. Commissioner, supra at 377. The record in this case leads us overwhelmingly to the conclusion that G�nther had no potential value as of May 31, 1992. After a thorough investigation prompted by the discovery of the Omega transaction, petitioner understandably concluded that G�nther’s financial condition was so dire that petitioner had no option but to minimize its losses and dispose of G�nther as soon as possible. Petitioner considered several alternatives in making its decision, ultimately opting for a course of action that was designed to avoid G�nther’s bankruptcy under German law and any default by G�nther on its bank loans. Petitioner concluded that a bankruptcy proceeding and/or a default on G�nther’s bank loans could result in the assertion of a variety of contingent and potential liabilities and generate an even greater financial loss attributable to its investment in G�nther than that projected from G�nther’s orderly disposal. Both of petitioner’s experts opined that G�nther was finished as a going concern and that its stock was worthless as of May 31, 1992. Respondent offered no expert testimony to refute their conclusions. Moreover, although respondent argues that certain assets were not listed in G�nther’s FYE April 30, 1992, commercial report, he offered no evidence to rebut the testimony of petitioner’s witnesses that the assets in questionPage: Previous 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Next
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