John S. and Christobel D. Rendall - Page 46

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          worthlessness); see also Ginsburg v. Commissioner, T.C. Memo.               
          1974-191 (stock’s worthlessness rejected when based upon an SEC             
          ban on the trading of the stock in the United States and the                
          absence of any market for the stock).                                       
               Ginsburg indicates that, even if Mr. Rendall had been                  
          subject to SEC restrictions on selling his Solv-Ex common stock             
          as of December 31, 1997, that fact would not constitute                     
          conclusive evidence of worthlessness.  We agree, because a                  
          contrary result ignores the potential marketability of the stock            
          after December 31, 1997.  Assuming arguendo that the delinquent             
          Forms 10-K and 10-Q and/or his insider status made it impossible            
          for Mr. Rendall to sell his Solv-Ex shares as of December 31,               
          1997, it appeared probable at that time that Solv-Ex would be               
          able to overcome those infirmities after 1997.  In fact, the                
          amended disclosure statement specifically represents that “[t]he            
          Company intends to file and expects that it will be able to file            
          * * * [the delinquent] reports, or reports becoming due in the              
          near future * * * following confirmation of the plan and                    
          completion of an audit.”                                                    
               Almost from its inception, Solv-Ex constituted a                       
          “development stage enterprise” within the meaning of FAS 7; i.e.,           
          a company that had not yet commenced its planned principal                  
          operations.  Yet, despite a more than 15-year absence of sales or           
          profits, Solv-Ex common stock was trading at $16.25 a share on              






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