- 46 - 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 onPage: 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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