- 39 - F.2d 731 (8th Cir. 1973); Trinco Indus., Inc. v. Commissioner, 22 T.C. 959, 965 (1954). Also, it does not appear that the unpaid $33 million Phemex loan was sufficient to cause Mr. Rendall to abandon all hope of recovery on the $2 million loan. In the amended disclosure statement, Solv-Ex represented that it was prepared to assert offsetting claims against Phemex and its affiliates, and, as of December 31, 1997, Phemex had not filed a proof of claim. As noted supra, Phemex did not file a proof of claim by the January 31, 1998, deadline and, therefore, waived its claim entirely. Assuming arguendo that Solv-Ex was technically insolvent as of December 31, 1997, that insolvency was not an identifiable event indicating the worthlessness of the $2 million loan as of December 31, 1997. 5. Whether Solv-Ex’s Technology Was Without Value As discussed in section IV. B.2., supra, the evidence indicates that the retained technology had substantial potential value as of December 31, 1997. Therefore, it cannot be considered worthless as of that date. 6. Absence of Prior Earnings or a Viable Business Plan for the Future a. Absence of Prior Earnings A history of continuous operating losses, like insolvency, does not represent an identifiable event indicating the worthlessness of the loss corporation’s indebtedness. As in thePage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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