- 36 - Solv-Ex’s plan of reorganization was approved by both the U.S. and Canadian bankruptcy courts in 1998, whereupon Solv-Ex emerged from the joint bankruptcies and, thereafter, continued to operate. Moreover, under the plan, Mr. Rendall received 5,728,767 shares of new Solv-Ex common stock in discharge of the $2 million loan (plus interest). Because the number of shares Mr. Rendall received was based upon the actual bid price for Solv-Ex common stock on the date immediately prior to the date of receipt (50 cents a share), those shares obviously had a value greater than zero upon receipt by Mr. Rendall. Lastly, Mr. Rendall testified at trial that the lawsuits commenced in 1998 against Deutsche Bank and others, after Solv- Ex’s discharge from bankruptcy, entailed the potential recovery of $100 million for Solv-Ex. Although the arrangements for commercializing the Ti02S technology in Venezuela, Solv-Ex’s emergence from bankruptcy, the conversion to common stock of the $2 million loan, and the suits against Deutsche Bank and others all occurred in 1998, we may “take cognizance of subsequent events in confirming whether a debt becomes worthless in a particular year.” Crown v. Commissioner, 77 T.C. 582, 600 (1981). Petitioners have not persuaded us that the joint bankruptcies were identifiable events demonstrating the worthlessness of the $2 million loan as of December 31, 1997.Page: Previous 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Next
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