Flint Industries, Inc. and Subsidiaries - Page 50




                                       - 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 question             





Page:  Previous  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  Next

Last modified: May 25, 2011