holding it was improper to make excess earnings deduction where corporation did not actually or symbolically set aside funds to pay salary to claimant and neither he nor corporation contemplated payment
How later courts described this case
- holding it was improper to make excess earnings deduction where corporation did not actually or symbolically set aside funds to pay salary to claimant and neither he nor corporation contemplated payment
Written by the judges who cited it.
The opinion
MANSFIELD, Circuit Judge
(concurring) :
I concur on the second ground asserted in the majority opinion, i. e., that since Herbst’s withholding of his salary was not shown to be exclusively in his own interest, it is deemed to be in the interest of his employer within the meaning of the last sentence of 20 C.F.R. § 404 .-1026(b)(2).