Debra Anne Banderas - Page 17

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          to establish the specific information she was given.  As much as            
          we sympathize with the unfortunate, even tragic, string of events           
          that befell the Banderas household, we cannot accept a test so              
          nebulous as that proposed by petitioner.  To do so would                    
          essentially eviscerate the reasonable belief standard.                      
          “Eventually” is simply too open-ended to place any meaningful or            
          administratively workable limits on qualification for relief.               
               The Court concludes that a reasonable belief that taxes                
          would be paid must at minimum incorporate a belief that funds               
          would be on hand within a reasonably prompt period of time.5  As            
          just indicated, petitioner has failed to make such a showing                
          here.  Furthermore, because petitioner has never identified any             
          timeframe, the Court need not probe the contours of the how soon            
          question, or even whether the standard should be limited to                 

               5 Taxpayers are required to pay their taxes when due.  A               
          delay in payment not authorized by statute renders the Government           
          an involuntary creditor without security or other assurance that            
          the tax and interest thereon will be paid.  When tax or interest            
          due is not paid, the burdens of Government are transferred to               
          other taxpayers, including those of future generations.  Where              
          all funds needed to pay the taxes for a year of bankruptcy will             
          be trapped in the bankruptcy estate or for any other reason, the            
          bankrupt taxpayer and spouse may, at the taxpayer’s or spouse’s             
          option, elect to close their taxable years effective on the day             
          before the bankruptcy case was commenced.  Sec. 1398(d)(2).  This           
          election creates 2 short taxable years, the tax liability for the           
          first of which is included as a claim against the debtor’s estate           
          and is payable from the estate.  Id.; see also sec. 6161(c)                 
          (regarding authorized extensions of time to pay).                           

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