Henry M. Lloyd - Page 52




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          three-year period 2002 through 2004, instead of using an average            
          of petitioner’s wage income for the seven-year period 1998                  
          through 2004 or the twelve-year period 1993 through 2004.32  In             

               32In support of that argument, petitioner contends, and                
          respondent does not dispute, that petitioner had the following              
          wage income from his law practice for 1993 through 2004:                    
                                     Year Wage Income                                 
                                     1993     $55,000                                 
                                     1994      52,000                                 
                                     1995     110,100                                 
                                     1996      85,000                                 
                                     1997      98,000                                 
                                     1998        -                                    
                                     1999        -                                    
                                     2000        -                                    
                                     2001        -                                    
                                     2002     200,000                                 
                                     2003     329,151                                 
                                     2004      71,842                                 
               Petitioner further contends that his average monthly wage              
          income for the seven-year period 1998 through 2004 was $2,548 and           
          that his average monthly wage income for the twelve-year period             
          1993 through 2004 was $5,435.  We disagree.  On the instant                 
          record, we find that petitioner incorrectly calculated his                  
          average monthly wage income for each of those periods.  The                 
          respective average monthly wage income amounts that petitioner              
          claims for the period 1998 through 2004 and the period 1993                 
          through 2004 (as well as for the three-year period 2002 through             
          2004) are averages of cumulative averages of petitioner’s monthly           
          wage income for each of the years included in calculating those             
          respective average monthly wage income amounts.  See supra text             
          accompanying notes 23 and 24.  The use of those averages of                 
          cumulative averages for the seven-year period 1998 through 2004             
          and for the twelve-year period 1993 through 2004, which places              
          significant emphasis on the years before 2002 that are included             
          in the respective calculations, is improper.  The correct amount            
          of petitioner’s average monthly wage income for 1998 through 2004           
          is $7,154.68.  The correct amount of petitioner’s average monthly           
                                                             (continued...)           





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