- 6 - reasonable hope and expectation that the assets will exceed the liabilities of the corporation in the future, its stock, while having no liquidating value, has a potential value and can not be said to be worthless. The loss of potential value, if it exists, can be established ordinarily with satisfaction only by some “identifiable event” in the corporation's life which puts an end to such hope and expectation. [Id.] Petitioner claims that by December 31, 1994, the $100,000 TMC promissory note had become worthless. The financial statements filed by TMC with the Bankruptcy Court on August 17, 1994, indicated that as of August 17, 1994, TMC’s assets exceeded its liabilities. As of September 30, 1995, TMC’s financial statements indicated that TMC would have had sufficient revenues to pay some of its liabilities as they became due. Petitioner has not provided any credible evidence to establish that the value of TMC’s stated assets was less than what was reported on TMC’s financial statements or that TMC would not be able to pay any part of TMC’s liabilities, specifically the $100,000 promissory note held by petitioner. The OTM common stock, the convertible preferred stock, and the stock warrants that petitioner received had a par value of approximately $9,000 in February of 1996, indicating some continuing value as of early 1996 to the $100,000 TMC promissory note.Page: Previous 1 2 3 4 5 6 7 8 Next
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