"In truth, the fair market value is the market cap of the company"
the market cap of the company while in bankruptcy years after the event which caused it, I would say can hardly be used to calculate the limit of the NOLs - is this a joke!?lol
The second error is assuming that the "fair market value" and the "stock trading value" are the same....the traders speculating in this stock are assuming that a future reward is present.
Speculation (in a financial context) is the assumption of the risk of loss, in return for the uncertain possibility of a reward.