- 10 - payable in the first post-termination year, less commission charge-backs. None of the termination payments depended on the length of the taxpayer's service for State Farm and his overall earnings. Id. In Milligan, we rejected the taxpayer's contention that the termination payments represented payment for the sale of the taxpayer's insurance business and held that the "termination payments" were subject to self-employment tax. Milligan v. Commissioner T.C. Memo. 1992-655. We found that there was a sufficient nexus between the income received and the taxpayer's trade or business to render the payments self- employment income. Id. The Court of Appeals acknowledged that in order for Mr. Milligan to receive termination payments, he had to have worked for State Farm as an independent contractor for 2 years or more. Milligan v. Commissioner, 38 F.3d at 1098. The court stated, however, that this fact by itself did not create a close enough nexus to establish that the termination payments were derived from Mr. Milligan's prior business activity within the meaning of the self-employment tax. Id. The Court of Appeals concluded that Mr. Milligan already had been fully compensated for his services and that his business activity was not the "source" of the termination payments. Id. at 1099. We conclude that this case is distinguishable on its facts from Milligan due to substantial differences that exist betweenPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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