John S. and Christobel D. Rendall - Page 39

                                        - 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 the            





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