the irs says solyndra's plan can't be approved because the purpose is to let solyndra's owners avoid future taxes. the only reason for it to exist post confirmation is to enable owners to exploit the tax attributes. >> according to the irs pose breaks are worth more than ones set aside for creditors. if it goes through they may get little to nothing for the loan. the irs goes on to say the company's owner to preserve the operating losses as they privately prepare for the fact that solyndra will go broke. it affects the bankly plan slated for wednesday. >> as government taxpayers hope we get some of that one back. statly ann? >> time for fox news health fix. a roundup of the week's top medical stories. the deadly meningitis outbreak and how doctors are reacting now. anna kooiman has that now. >> the meningitis death toll is on the rise. 13 are now dead. it is claimed for the outbreak leaving doctors across the country to boycott the use of compounding arm sees. in the united states there are now 3,000 of them that's up virtually none in 2000. they are over seen by state boards and pha

meanwhile, the administration insists that all loan guarantees given to green energy companies like solyndra were based on the merits and not on political cronyism. >> brian: new e-mails obtained by the washington times paints a different picture. stuart varney is here. last night he said the success of the green companies were better than the average investor on wall street. >> ryan had some good points to be made if joe biden would let him without interruption. but that was not going to happen. look. these e-mails from the washington times show that a contract award, awards of taxpayers' money to green energy companies are not based on merit. no. they're based on political string pulling. if you're a green energy company and you want to get your hands on some taxpayer money, how do you do it? you go through the political process. you ask for mittcal strings to be pulled in your favor. these e-mails demonstrate precisely that in the case of bright source. that is a solar energy company with a big project in california. that project was in some trouble. they wanted more government money. so