- 22 - 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 courtPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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