Thomas C. Johnson - Page 5

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          through 1999 and concluded the amended petition with the                    
          following statement:                                                        
               I also feel that my actual tax bill should be                          
                    1995--204 possible                                                
                    1996--2400 + reasonable penalties                                 
                    1997--500 + reasonable penalties                                  
                    1998--700 + reasonable penalties                                  
                    1999--1100 + reasonable penalties                                 
                         $4900                                                        
               I beg the court to have mercy on me and waive this my                  
               entire tax bill and remove the lein [sic] on my credit                 
               record.  I’m sorry and plan to never again let this                    
               happen.  [reproduced without certain handwritten                       
               punctuating or graphical markings]                                     
          At the time the petition and the amended petition were filed,               
          petitioner resided in the State of Alabama.                                 
               On May 6, 2002, respondent moved to dismiss for lack of                
          jurisdiction and to strike insofar as the case related to 1997              
          and 1998, on the ground that no determination concerning                    
          collection action(s) had been made for those years.  This motion            
          was granted, and respondent thereafter answered the petition as             
          it related to 1995, 1996, and 1999.                                         
               On August 22, 2003, respondent filed a motion for summary              
          judgment, which was calendared for hearing at the Court’s October           
          20, 2003, Mobile, Alabama, trial session.  Both parties appeared            
          and were heard, and the motion for summary judgment was taken               
          under advisement.  However, because the Court at that time also             
          advised that it appeared unlikely that the motion would be                  
          granted in its entirety, the parties proceeded to try the case on           






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