- 38 - 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., 478Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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