TONKIN v. HECKLER

No. 83-5755.

734 F.2d 1388 (1984)

Leonard G. TONKIN, Plaintiff-Appellant, v. Margaret H. HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 12, 1984.


Attorney(s) appearing for the Case

Ronald H. Tonkin, Houston, Tex., for plaintiff-appellant.

Michael R. Power, Dept. of Health & Human Services, San Francisco, Cal., for defendant-appellee.

Before GOODWIN, SNEED and ALARCON, Circuit Judges.


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...

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