Case No. 04-12777-B-7K, DC-PK-22.United States Bankruptcy Court, E.D. California.
September 14, 2007
PATRICK KAVANAGH, BAR NO. 99829, LAW OFFICES OF PATRICK KAVANAGH, Bakersfield, CA, Trustee/Attorney for Trustee.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
RICHARD LEE, Bankruptcy Judge
The Court makes the following Findings of Fact and Conclusions of Law:
1. The herein motion was filed as part of the trustee’s duty to collect the information necessary to file appropriate tax returns. The trustee has a statutory duty in cases where tax returns are required to file those returns.
2. In a case where the trustee has sold the property for $1.705 million dollars, the trustee must prepare fiduciary tax returns.
3. The herein motion was filed as part of the duty of the trustee to make such inquiry.
4. The trustee disclosed, in open court, that he had received a spreadsheet showing, what expenses were incurred by the debtor.
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5. The debtor has refused to provide the underlying documents regarding the basis.
6. The record reflects that the trustee has made a reasonable diligent inquiry into the basis of the residence that the trustee sold.
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