ADMINISTRATIVE LAW COURT
Anonymous Taxpayer                             )
          (Gary Patriot)                       )
                 Petitioner,                   )      Docket No. 07-xxx
                                               )          PETITIONER’S
     vs.                                       )          MOTION TO COMPEL
                                               )          PRODUCTION OF DOCUMENTS
SC Department of Revenue                       )
                 Respondent.                   )


PLEASE TAKE NOTICE that the undersigned, as attorney Pro se, will, not sooner than 10 days from the date of service of this Motion, or as soon thereafter as counsel may be heard, move for an order compelling DOR to comply with requests for Production of Documents. Said motion is made in accordance with Rule 37(a)(2), SCRCP, and ALC Rule 19.C and is based on the following grounds:

1. Taxpayer issued DOR a Request for Production of Documents on July 17, copy attached. Respondent has not complied even though they clearly and definitely have many documents responsive to these requests. DOR only furnished paperwork as requested in request number 4. The other requests were answered by their claim that they had done so, which was not true.

2. By law, all employers must send to DOR the states’ copy of the W-2 form. This document would show the amount of withholding from taxpayer’s paycheck by the employer for state income tax and sent to DOR. Further, employers of contractors send to their workers under contract a 1099 form with a copy to DOR. Since the employers sent these documents to DOR, then DOR has them.

3. Taxpayer in his said Request for Documents clearly requested in various wordage these wage statements in request numbers 1, 2 and 3. DOR refused to produce.

4. Even after an August 13 letter or administrative request from Taxpayer asking them to comply with the law, DOR refused by letter dated August 22.

5. DOR has the records sought and must be compelled to produce them. Since DOR was negligent in its duties, taxpayer incurred the expense of this long and detailed proceeding. Since DOR has failed to produce the requested documents, taxpayer incurred even greater costs and fees. Therefore DOR should reimburse taxpayer $500.

6. In conclusion. Taxpayer wants the records and cost.

CERTIFICATE OF SERVICE: I do hereby certify that on this date a copy of this pleading was properly sent to opposing counsel.

Date: September 5, 2007

Gary Patriot
Greer, SC 29651