Solutions Plus, Inc. - Page 14




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              Respondent filed an answer in which he denied the                       
         allegations in the petition and to which he attached a complete              
         index to the administrative record.  Respondent did not allege in            
         the answer any new or additional grounds for denying petitioner’s            
         exemption application beyond those grounds identified in the                 
         final adverse determination letter.                                          
              Petitioner did not file a reply or move with respect to the             
         answer.  The Court ordered the parties to submit the case on the             
         administrative record or to file a written report as to the then             
         present status of the case.  As stated above, because petitioner             
         did not respond to respondent’s written request to stipulate to              
         the administrative record, respondent filed with the Court the               
         entire administrative record, together with the certificate                  
         attesting to its genuineness.                                                
              Subsequently, respondent filed his Motion For Summary                   
         Judgment.  Petitioner was ordered to file a response to                      
         respondent’s motion, but no response was received by the Court.              
              Thereafter, the Court issued an Order, placing respondent’s             
         Motion For Summary Judgment on a motions calendar assigned to                
         Special Trial Judge Armen, who was authorized to hear the matter             
         and make the decision of the Court.  See sec. 7443A(b)(1), (c);              
         Rule 218(a); Deleg. Order No. 45, 126 T.C. VI (June 1, 2006).                
              At the hearing, counsel for respondent appeared and argued              
         in support of respondent’s motion.  In contrast, there was no                







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