Robert Schelble and Susan Schelble - Page 9

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          with the Companies, a criterion obviously tied to petitioner's                     
          services with the Companies.  Finally, the agreement which                         
          provided for such payments stated that petitioner was to be                        
          considered "an independent contractor for all purposes and in all                  
          situations".  We find the extended earnings payments were clearly                  
          received in respect of a prior "'trade or business * * * actually                  
          carried on'" by petitioner.  Koszewa v. Commissioner, supra                        
          (quoting Newberry v. Commissioner, supra at 444).  Thus, the                       
          extended earnings received by petitioner are subject to self-                      
          employment tax on the grounds that they were from a trade or                       
          business carried on by petitioner within the meaning of section                    
          1402.  See also Dunn v. Commissioner, T.C. Memo. 1994-414;                         
          Erickson v. Commissioner, supra.                                                   
                Petitioners rely on the Court of Appeals for the Ninth                       
          Circuit's reversal of the Tax Court in Milligan v. Commissioner,                   
          38 F.3d 1094 (9th Cir. 1994), revg. T.C. Memo. 1992-655.  In                       
          Milligan, the taxpayer was an independent contractor who sold                      
          State Farm Insurance policies for over 30 years.  The taxpayer's                   
          contract with State Farm provided that, upon termination, an                       
          agent who had 2 or more years of service with the company would                    
          receive "termination payments" for 5 years following termination.                  
          Id. at 1096.  The amount of the payments for the first post-                       
          termination year depended on the income generated by the agent                     
          during 12 months prior to termination.  Id.  For the subsequent 4                  
          years, the payments were based on a fraction of the amount                         




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