Legal Opinion

Catherine C. Stark v. Arthur S. Flemming, Secretary of the Department of Health, Education and Welfare of the United States

Court of Appeals for the Ninth Circuit

Decided October 20, 1960No. 16815_1PublishedCited by 18 opinions

1Per curiam

We hold Flemming v. Lindgren, 9 Cir., 275 F.2d 596, applicable here and that a similar result should be reached.

Appellant placed her assets — a farm, and a duplex house — in a newly organized corporation. Then she began to draw $400 per month as salary. The Secretary has found the corporation was a. sham. There is no doubt that the corporation was set up to qualify appellant, in a short time for social security payments.

But here there seems to have been' proper adherence to the normal corporate-routines. And it is difficult to understand how the corporate arrangement would not have to be…

2Cases cited1 opinion

  1. Arthur S. Flemming, Secretary of Health, Education and Welfare of the United States v. Helmer F. LindgrenCourt of Appeals for the Ninth Circuit · 1960

3Cited by18 opinions

  1. George F. Delno v. Anthony J. Celebrezze, Secretary of Health, Education and WelfareCourt of Appeals for the Ninth Circuit · 1965
  2. Mae Poss v. Abraham Ribicoff, Secretary of Health, Education, and WelfareCourt of Appeals for the Second Circuit · 1961
  3. Brannon v. RibicoffDistrict Court, D. Montana · 1961
  4. Scott v. CelebrezzeDistrict Court, S.D. New York · 1965
  5. William E. Cody v. Abraham A. Ribicoff, Secretary of Health, Education and WelfareCourt of Appeals for the Eighth Circuit · 1961

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