William R. and Muriel G. Jackson - Page 14

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            no difference whether he had 2 or 33 years of service with State                          
            Farm for purposes of computing his termination payments.  If he                           
            had received no commissions during the last 12 months, then he                            
            would not have been entitled to any termination payments.                                 
                  The termination payments were linked to the amount of                               
            commissions paid to petitioner during the 12 months immediately                           
            preceding the termination.  The amount was unaffected by                                  
            petitioner's income during any prior period, by the total number                          
            of policies written over his career with State Farm, or by the                            
            total time period he served as a State Farm agent.  No matter how                         
            long he had been a State Farm agent, petitioner's termination                             
            payments would be based only on his compensation for the last 12                          
            months.  Unlike deferred compensation, petitioner had no vested                           
            right to payment of any particular funds or any specific amount                           
            until the termination and unless he complied with the conditions                          
            of the Agreement to return property to State Farm and to refrain                          
            from competition.                                                                         
                  Consequently, we conclude that the termination payments                             
            received by petitioner were not deferred compensation derived                             
            from self-employment and that our prior conclusion in Milligan v.                         
            Commissioner, supra, was incorrect.  See also Darden v.                                   
            Nationwide Mutual Insurance Co., supra, where the Court of                                
            Appeals for the Fourth Circuit held that an Extended Earnings                             
            Plan providing for similar payments was not a pension plan                                






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