- 7 - The evidence herein is conflicting as to ownership of the Michigan property, and petitioner never provided to respondent’s Appeals Office an adequate explanation as to why, in the 2001 divorce proceeding, petitioner claimed and was awarded an interest in the Michigan property with a stated value of $25,000. In spite of the 1992 sale of the Michigan property to a relative, clearly petitioner must have retained some interest therein through the time of her 2001 divorce proceeding. Petitioner failed to explain to respondent’s Appeals officer what happened to this interest. Further, the 2004 sale of the Michigan property to a third party without any acknowledgment, in the related closing documents, of petitioner’s interest therein does not explain adequately what happened to petitioner’s $25,000 interest. At a May 7, 2007, hearing in this case, petitioner’s counsel acknowledged that petitioner’s current financial condition has improved significantly, but petitioner’s counsel declined on petitioner’s behalf to have this matter remanded to respondent’s Appeals Office for consideration of petitioner’s OIC in light of petitioner’s current financial condition. On the basis of the inconsistent and inconclusive evidence presented, respondent’s Appeals officer properly concluded that the $25,000 that was awarded to petitioner in the 2001 divorce proceeding relating to the Michigan property constituted aPage: Previous 1 2 3 4 5 6 7 8 NextLast modified: March 27, 2008