Juanita and Emmanuel Kendricks - Page 4

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          supported, the adverse party may not rest on mere allegations or            
          denials of the pleadings but must set forth specific facts                  
          showing that there is a genuine issue for trial.  Rule 121(d).              
               We are satisfied that there is no genuine issue as to any              
          material fact and that a decision may be rendered as a matter of            
          law.  For the reasons that follow, we shall grant the motion.               
               We draw the following facts from the pleadings and the                 
          declaration of respondent’s counsel, Brianna Basaraba Taylor, as            
          to (1) the documents contained in respondent’s administrative               
          files concerning the hearing accorded petitioners pursuant to               
          section 6330, (2) the documents in respondent’s possession                  
          concerning petitioners’ bankruptcy proceeding, and (3) additional           
          documents in respondent’s files relating to petitioners’ case.              
          We believe the following facts to be undisputed and so find for             
          purposes of disposing of the motion.4                                       
               At the time the petition was filed, petitioners resided in             
          Albany, Ga.                                                                 

               4  All dollar amounts have been rounded to the nearest                 

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