B-169982, OCT. 23, 1970

B-169982: Oct 23, 1970

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WHERE THERE IS CONFLICTING INFORMATION RECEIVED ON WHETHER OR NOT CLAIMANT RECEIVED INTERIM EARNINGS WHICH SHOULD BE DEDUCTED FROM A PREVIOUS SETTLEMENT FOR BACK PAY. EVIDENCE OF CLAIMANT'S FEDERAL TAX RETURN SHOWING THAT HE SUFFERED A LOSS FROM THE BUSINESS ENTERPRISE DURING THE PERIOD IN QUESTION PLUS OTHER EVIDENCE IN THE RECORD IS SUFFICIENT TO FIND THAT THERE WAS NO INTERIM EARNINGS AND THE SUM BEING WITHHELD FROM HIM ON THAT ACCOUNT SHOULD BE RELEASED. CONFLICTING INFORMATION WAS RECEIVED MAKING IT DIFFICULT TO ESTABLISH WHETHER DURING A CERTAIN PERIOD HE HAD EARNED SALARY OR PROFIT IN A PRIVATE BUSINESS WHICH SHOULD HAVE BEEN REFLECTED IN THE SETTLEMENT.

B-169982, OCT. 23, 1970

BACK PAY - INTERIM EARNINGS DECISION CONCERNING CLAIM BY MR. EARL C. CAVAN, SR., FOR PAYMENT OF $1,841.18 WITHHELD PAYROLL CHECKS. WHERE THERE IS CONFLICTING INFORMATION RECEIVED ON WHETHER OR NOT CLAIMANT RECEIVED INTERIM EARNINGS WHICH SHOULD BE DEDUCTED FROM A PREVIOUS SETTLEMENT FOR BACK PAY, EVIDENCE OF CLAIMANT'S FEDERAL TAX RETURN SHOWING THAT HE SUFFERED A LOSS FROM THE BUSINESS ENTERPRISE DURING THE PERIOD IN QUESTION PLUS OTHER EVIDENCE IN THE RECORD IS SUFFICIENT TO FIND THAT THERE WAS NO INTERIM EARNINGS AND THE SUM BEING WITHHELD FROM HIM ON THAT ACCOUNT SHOULD BE RELEASED.

TO MR. JOHN A. MAISTO:

YOUR LETTER OF MAY 22, 1970, REFERENCE: ACFMA, FORWARDS THE CLAIM OF MR. EARL C. COVAN, SR., FOR PAYMENT OF $1,841.18 REPRESENTING THREE PAYROLL CHECKS WITHHELD FROM HIM IN CONNECTION WITH A PREVIOUS ADMINISTRATIVE SETTLEMENT FOR BACK PAY WITHOUT DEDUCTING INTERIM EARNINGS.

YOU POINT OUT THAT SUBSEQUENT TO SETTLEMENT OF MR. COVAN'S CLAIM FOR BACK PAY, CONFLICTING INFORMATION WAS RECEIVED MAKING IT DIFFICULT TO ESTABLISH WHETHER DURING A CERTAIN PERIOD HE HAD EARNED SALARY OR PROFIT IN A PRIVATE BUSINESS WHICH SHOULD HAVE BEEN REFLECTED IN THE SETTLEMENT.

MR. COVAN HAS FILED A FEDERAL TAX RETURN SHOWING THAT HE SUFFERED A LOSS FROM THE PRIVATE BUSINESS ENTERPRISE INVOLVED DURING THE PERIOD IN QUESTION. ON THE BASIS OF HIS TAX RETURN AND OTHER INFORMATION OF RECORD IT MAY REASONABLY BE CONCLUDED THAT MR. COVAN RECEIVED NO INTERIM EARNINGS AND THAT SUMS BEING WITHHELD FROM HIM ON THAT ACCOUNT SHOULD BE RELEASED. ADMINISTRATIVE ACTION SHOULD BE TAKEN ACCORDINGLY.

MR. COVAN HAS BEEN FURNISHED A COPY OF THIS LETTER.