LEONARD G. TONKIN, PLAINTIFF-APPELLANT,
v.
MARGARET H. HECKLER, SECRETARY OF HEALTH AND HUMAN SERVICES, DEFENDANT-APPELLEE
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The court held that the Secretary's finding that the appellant was an employee, and thus not entitled to deduct business expenses, was supported by substantial evidence.
The appellant received Social Security Retirement Insurance and was found to have been overpaid. The Secretary determined he was an employee and could…
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PER CURIAM.
Leonard Tonkin appeals the judgment in favor of the Secretary holding in effect that he was overpaid in Social Security Retirement Insurance in 1979. We affirm.
The Secretary found that Tonkin could not deduct business expenses because he was an employee and, therefore, he had erroneously understated his net earnings for Social Security purposes. Tonkin contends that he was an independent contractor, not an employee, and thus was entitled to deduct business expenses from net income as he would for tax purposes.
The Secretary’s findings of fact, if supported by substantial evidence, are conclusive. 42 U.S.C. 405(g); see Sample v. Schweiker, 694 F. 2d 639, 642 (9th Cir.1982); Thompson v. Schweiker, 665 F. 2d 936, 939 (9th Cir.1982).
Substantial evidence supports the Secretary’s finding that Tonkin was an employee, rather than an independent contractor, and thus was not entitled to deduct business expenses. See Flemming v. Huycke, 284 F. 2d 546, 547-48 (9th Cir.1960); Selman v. Califano, 619 F. 2d 881, 882-83 (10th Cir.1980); 20 C.F.R. § 404.1007.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Thompson v. Schweiker, 665 F.2d 936 (9th Cir. 1982)
- Sample v. Schweiker, 694 F.2d 639 (9th Cir. 1982)
- Flemming v. Marcelle H. Huycke, 284 F.2d 546 (9th Cir. 1960)
- Selman v. Califano, 619 F.2d 881 (10th Cir. 1980)