Plaintiff became entitled to social security retirement benefits in 1957. He claimed that he had transferred one of his theaters to his daughter in 1951 and that he operated another theater at a small profit.

However, creditors still looked to him for payment of obligations associated with both theaters. His wife continued to report income from the allegedly transferred theater even after the alleged transfer. Moreover, the alleged 1957 transfer did not appear bona fide because Plaintiff made a written conveyance to his daughter in March 1962.

Under these circumstances, the Hearing Examiner determined that Plaintiff had substantial income from self-employment and that work deductions must be imposed against his benefits for certain years in which he maintained actual control of both theaters.

Plaintiff appealed, but the reviewing court held that, even though there was conflicting evidence, there was substantial evaluation to support the Hearing Examiner’s decision. Therefore the appeal was denied.

SSR 65-41c.

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