Thomas G Collier - Page 6

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          On March 17, 2003, petitioner filed an amended petition which set           
          forth his position as follows:                                              
               Background Information                                                 
               Try to pay back taxes over a period of ten-year period                 
               while in bankrupt court.  I could not pay the amount in                
               a five year period because of amount for five-year was                 
               too high.  I was behind in alimony payment[.]  I had a                 
               choice to pay it or my taxes.                                          
               Relief                                                                 
               A chance to pay over a long period of time.                            
          Both the petition and the amended petition reflected an address             
          for petitioner in Charleston, West Virginia.                                
               After the pleadings were closed in this case, respondent               
          filed the subject motion for summary judgment.  Petitioner was              
          directed to file any response to respondent’s motion on or before           
          May 28, 2004; no such response was received by this Court.  A               
          hearing on respondent’s motion, at which both petitioner and                
          counsel for respondent appeared, was held on June 7, 2004, in               
          Charleston, West Virginia.                                                  
                                     Discussion                                       
               Rule 121(a) allows a party to move “for a summary                      
          adjudication in the moving party’s favor upon all or any part of            
          the legal issues in controversy.”  Rule 121(b) directs that a               
          decision on such a motion shall be rendered “if the pleadings,              
          answers to interrogatories, depositions, admissions, and any                
          other acceptable materials, together with the affidavits, if any,           






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