Peter John Mihok - Page 4




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          through September 2000, no reductions were made to his benefits;            
          however, in October 2000, regular reductions of $100 per month              
          were made to apply against new overpayments in benefits.  At the            
          time of trial, petitioner still owed a balance of approximately             
          $1,000, which was being reduced by the $100 monthly deduction               
          from his Social Security benefits.                                          
               For the year at issue, 1998, petitioner's Social Security              
          benefits for that year totaled $22,547 before any reductions to             
          offset prior overpayments of benefits.  For that year, $12,355              
          was withheld from petitioner's benefits and applied to the                  
          overpayments.  Thus, petitioner was paid a net amount of $10,192            
          during 1998.  Because petitioner was gainfully employed during              
          1998, and his earnings that year, as in past years, exceeded the            
          allowable amount under Social Security, he continued accruing an            
          overpayment of benefits.  The amount of the overpayments for 1998           
          could not be determined until the succeeding year, 1999.                    
               For the year 1998, the Social Security Administration issued           
          a Form SSA-1099, Social Security Benefit Statement, to                      
          petitioner, which reflected total benefits to him of $22,547 for            
          1998 less reductions of $12,355 that were applied to reduce the             
          overpayments in benefits to petitioner in prior years.  The Form            
          SSA-1099 reflected net taxable benefits of $10,192 ($22,547 less            
          $12,355).                                                                   







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