Acme Steel Company (formerly known as Interlake, Inc., and now known as Acme Metals, Inc.) and Consolidated Subsidiaries - Page 22

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          the only way respondent could recover the tentative refunds was             
          to bring an erroneous refund suit under section 7405, for which             
          the period of limitations had expired.  Petitioner argued that              
          respondent’s failure to bring an erroneous refund suit under                
          section 7405 rendered the tentative refunds uncollectible as a              
          matter of law.                                                              
               On December 7, 2001, the bankruptcy court issued an opinion            
          and order that granted respondent’s request for relief from stay            
          as to 1981 and 1984.  The court recited section 362 of the                  
          Bankruptcy Code, which provides that the bankruptcy court shall             
          grant relief from the automatic stay only for “cause”.  In                  
          deciding whether cause existed, the bankruptcy court weighed                
          three factors:  (1) The prejudice that would result if the stay             
          were lifted; (2) the balance of hardships; and (3) the probable             
          success on the merits.                                                      
               The bankruptcy court found that petitioner would not be                
          prejudiced because it submitted to the jurisdiction of the Tax              
          Court when it filed the petition and because, but for the                   
          bankruptcy petition, a final decision would have already been               
          entered by the Tax Court for 1981 and 1984.  The court also held            
          that the balance of hardships weighed in favor of respondent,               
          emphasizing that to deny the relief from the automatic stay would           
          be to deny respondent the benefit of his bargain with petitioner            
          in the stipulation of settled issues.  The bankruptcy court                 






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