- 17 - 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).Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NextLast modified: November 10, 2007