Jan L. Ashlock - Page 7




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               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 a                  







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