John S. and Christobel D. Rendall - Page 41

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          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”).                              





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