Debra Anne Banderas - Page 7




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          approximately $80,000 and monthly expenses totaling approximately           
          $3,700.                                                                     
               Petitioner’s request for relief was initially denied by the            
          IRS Examination Division on April 29, 2004.  Petitioner responded           
          with a statement of disagreement requesting that the IRS                    
          reconsider the denial.  Her reasons for the continued dispute               
          paralleled those alluded to in her Forms 8857 and 12510, to wit:            
               Contrary to your conclusion, when my husband and I                     
               signed the tax returns for 1997, we had every reason to                
               believe that we would be able to pay those taxes.                      
               First of all, my husband’s attorney had assured us that                
               the IRS was always the first creditor in bankruptcy                    
               proceedings.  Therefore, we had no doubt that the taxes                
               would be paid through the court.  As stated in my                      
               original request for relief, had we even suspected that                
               this would not be the case, the amount for the taxes                   
               could have - and would have - been withdrawn from the                  
               pension plan monies before the bankruptcy was ever                     
               filed.  Also, had that suspicion existed, we still                     
               would have had the security of knowing that the taxes                  
               could be paid with pension plan funds after the                        
               bankruptcy was discharged.  Never in our wildest dreams                
               - or worst nightmares - did it ever occur to us that                   
               the pension plan could be lost to the court.  I believe                
               that it was two years later when we found that this                    
               travesty of justice could actually take place.                         
               While I knew when I filed and signed the 1999 return                   
               that we had lost our pension plan, I believed, again                   
               without a doubt, that those taxes would be paid.                       
               Shortly after my husband’s death, before the return was                
               filed, I was told by several sources, including the                    
               bankruptcy trustee, that remaining monies would go to                  
               me as his beneficiary.  When my husband passed away,                   
               the bankruptcy court received an additional $750,000.00                
               -  of a million dollars - from the proceeds of my                     
               husband’s life insurance policy (monies which I still                  
               contend rightfully belong to our children and me).                     
               Therefore, although I no longer had faith or trust in                  
               our “judicial” system, logic alone told me that there                  
               would be more than enough monies to pay all taxes and                  






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