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2000, for the sale of the condo by Mrs. Tiernan to a third party;
(5) a Tenant Reimbursement Request for Alterations to Rental Unit
dated March 24, 2003, from petitioner to the Tiernans; (6)
utility bills dated 2000 for the condo; and (7) other
miscellaneous documents.
The Court has reviewed the evidence presented by petitioner
and has found little support for petitioner’s contention that he
was the owner of the condo, legal or equitable, during 2000. The
purchase agreement dated December 14, 2000, indicates that Mrs.
Tiernan had discussions with a third party regarding the sale of
the condo. This, together with Mrs. Tiernan’s failure to sign
the “note”, tends to suggest that Mrs. Tiernan did not convey any
type of interest in the condo to petitioner in 1999.
Petitioner asserts that the bank statements, together with
the check register, show the actual amount that he paid to Mrs.
Tiernan in connection with the condo in 2000. Petitioner and Mr.
Tiernan maintained a joint checking account in Nevada where the
source of the funds in the account was deposits from petitioner’s
payroll. Petitioner testified that he gave Mr. Tiernan access to
the account because he needed someone to pay his bills, including
payments on the condo, whenever he was out of town on a job.
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