John S. and Christobel D. Rendall - Page 38

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          Solv-Ex’s loss on its sale of Canadian operating assets and                 
          leases to Koch “resulted in a negative net worth from the Koch              
          transaction of $13 million at December 31, 1997.”  The financial            
          statements that are in evidence show Solv-Ex to have been solvent           
          as of March 31, 1997, and insolvent by less than the $2 million             
          owed to Mr. Rendall as of August 31, 1998.  Neither Mr. Ciotti’s            
          testimony nor the balance sheets in evidence take into account              
          Solv-Ex’s off-balance-sheet assets (e.g., the retained                      
          technology), the value of which obviously would have had a                  
          favorable impact on Solv-Ex’s financial condition at any point.             
               Even if Solv-Ex was technically insolvent at the end of                
          1997, there is no evidence that the insolvency was so extreme as            
          to cause grounds “for abandoning any hope of recovery.”                     
          Milenbach v. Commissioner, 106 T.C. at 205.  A debtor’s poor                
          financial condition, including insolvency, does not establish               
          that the debt is worthless, particularly where, as in this case,            
          the debtor remains a going concern and there is a reasonable hope           
          that its financial condition will improve in the not too distant            
          future.  See Roth Steel Tube Co. v. Commissioner, 620 F.2d 1176,            
          1181-1182 (6th Cir. 1980), affg. 68 T.C. 213 (1977); Riss v.                
          Commissioner, 56 T.C. 388, 408 (1971), affd. in part, revd. and             
          remanded on another issue 478 F.2d 1160 (8th Cir. 1973), affd.              
          sub nom. Commissioner v. Transp. Manufacturing & Equip. Co., 478            








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