- 41 - existence at the time of trial, with Mr. Ciotti rather than Mr. Rendall at the helm, indicates that, as late as April 2005, there was still some hope for Solv-Ex’s financial success. We find that petitioners have failed to present credible evidence in support of their argument that the plan of reorganization reflected nothing more than the “incorrigible and hopeless optimism of * * * John Rendall.”16 C. Conclusion None of the factors petitioners cite is sufficient, either alone or in combination, to establish (i.e., provide credible evidence of) the worthlessness of the $2 million loan as of December 31, 1997. Nor do we see any other basis for a finding of worthlessness. The sale by Merrill Lynch, as pledgee, of 634,100 shares of Solv-Ex common stock, the delisting of the stock from trading on the NASDAQ Small-Cap Market (events which depressed the stock’s value, making it more difficult to raise capital through the issuance of new shares), the class action lawsuits, and Solv-Ex’s SEC problems all may have combined to place Solv-Ex under extreme financial stress, but those events could not be viewed, on December 31, 1997, as necessarily eliminating, for all time, Solv-Ex’s ability to discharge at 16 See United States v. S.S. White Dental Manufacturing Co., 274 U.S. 398, 403 (1927) (in sustaining a loss deduction, the Supreme Court stated that “[t]he taxing act does not require the taxpayer to be an incorrigible optimist”).Page: 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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