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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102597
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My case v. WV tax division before an administrative law

Customer Question

My case v. WV tax division before an administrative law judge had finished evidence and closing arguments when the judge withdrew before rendering a decision. The state appointed a new judge who knew nothing of the case, which included 1,000 pages of pleadings and hearing transcripts, and ruled against me. Is this proper?
Submitted: 2 years ago.
Category: Legal
Customer: replied 2 years ago.
The WV Tribunal is called the Office of Tax Appeals. Their web site includes the Rules of Procedure, which also are found in the WV Code. I am a CPA and an IRS Enrolled Agent; so far I believe I have proven my case, and this new judge (Heather Harlan) is ignoring the evidence. She was within 2 days of missing the deadline for making a decision, so apparently she does not care to read the case and is just kicking it to the Circuit Court, which is grossly unfair. I am looking for a citation to support me in this.
Expert:  Ely replied 2 years ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Technically, it is proper. One does not put on a case before the Judge - they put on the case before the Court. If the Judges switch, the new Judge is expected and presumed to have studied the previous entries into the Judicial log and the other relevant facts before proceeding with the case, and, before rendering a verdict.

So yes, I am afraid this is allowed. Of course, one can appeal the decision when it comes, and because this is an administrative proceeding, appeal it to the judicial court via a writ of mandamus once the administrative appeals run out.

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