Edgar L. and Joan H. Parker - Page 10




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               Recently, in Farnsworth v. Commissioner, T.C. Memo. 2002-29,           
          we addressed cancellation payments made to a former district                
          manager of Farmers Insurance Group (a group of insurance                    
          companies consisting of many of the same insurance companies that           
          constitute the companies).  The district manager’s agreement in             
          that case provided for the payment of “contract value” similar to           
          the payment of contract value at issue here, except that, during            
          the taxpayer’s tenure as a district manager, “retention amounts”            
          were retained from commissions to reimburse Farmers Insurance               
          Group for payments of “Contract Value” to the district manager’s            
          predecessor.  In Farnsworth, as in Schelble, we determined that             
          the payment in question was subject to self-employment tax                  
          because it was based on the quantity (length of service) and                
          quality (final 6 months’ earnings without reduction for post-               
          termination events) of the services rendered by the taxpayer.  We           
          found that the retention amount device provided an “additional              
          nexus” between the cancellation payments and the taxpayer’s prior           
          position as a district manager.  We analyzed the provision of the           
          agreement in question that dealt with business property used by             
          the taxpayer (identical to a provision in the agreement), and               
          found:  “The payments Mr. Farnsworth received were expressly in             
          consideration for the termination of the * * * contract, the                
          payments were not made in return for the transfer of specific               
          property owned by him.  Neither in form nor substance was the               






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