William R. and Muriel G. Jackson - Page 20

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            deducted the payments from the commissions payable to the                                 
            successor agent, and, if there was any shortfall, the balance was                         
            paid from State Farm's general operating funds.                                           
                  If the termination payments are for a covenant not to                               
            compete, they are not self-employment income.  Payments                                   
            attributable to a covenant not to compete are not "earned"                                
            income, Furman v. United States, 602 F.Supp. 444, 451 (D.S.C.                             
            1984), affd. without published opinion 767 F.2d 911 (4th Cir.                             
            1985), and they are not subject to self-employment tax.  Barrett                          
            v. Commissioner, 58 T.C. 284 (1972); see also Ohio Farm Bureau                            
            Federation, Inc. v. Commissioner, 106 T.C. 222, 236 n.8 (1996).                           
            The purpose of the termination payments under the Agreement was                           
            to compel petitioner to refrain from entering into an insurance                           
            business as a competitor of State Farm.  Clearly, State Farm                              
            wanted to protect the customer base for its products that had                             
            been developed by petitioner during the course of his active                              
            affiliation with the company.                                                             
                  It is significant that other courts in analogous agreements                         
            involving extended earnings arrangements have concluded that                              
            similar payments were in the nature of a buyout.  See  Darden v.                          
            Nationwide Mut. Ins. Co., 922 F.2d 203, 208 (4th Cir. 1991),                              
            revd. on other grounds 503 U.S. 318 (1992) (quoting Fraver v.                             
            North Carolina Farm Bureau Mut. Ins. Co., 801 F.2d 675, 678 (4th                          
            Cir. 1986)), as follows:                                                                  
                  The amount of the payment is tied to only one factor,                               
                  the amount of business in the last year prior to                                    



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