Robert Schelble and Susan Schelble - Page 10

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          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 between                    






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