William R. and Muriel G. Jackson - Page 23

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                  trade or business activity when the business activity                               
                  is its source.  Id. at 446 ("Any income must arise from                             
                  some actual ... income-producing activity of the                                    
                  taxpayer before such income becomes subject to ...                                  
                  self-employment taxes....").  [Id.]                                                 
            The Ninth Circuit found it unnecessary to characterize the                                
            precise relationship between the termination payments and the                             
            taxpayer’s prior business activity because it was obvious to the                          
            court that the termination payments did not “‘derive’ from                                
            Milligan’s prior business activity within the meaning of the                              
            self-employment tax.”  Id.  The Ninth Circuit laid down the                               
            following general rule:  “To be taxable as self-employment                                
            income, earnings must be tied to the quantity or quality of the                           
            taxpayer’s prior labor, rather than the mere fact that the                                
            taxpayer worked or works for the payor.”  Id.                                             
                  Because Milligan already had been fully compensated for his                         
            services, the Ninth Circuit concluded that the termination                                
            payments were linked only to Milligan’s previous status as a                              
            2-year plus independent contractor for State Farm, and, thus,                             
            “none of his business activity was the ‘source’ of the                                    
            Termination Payments.”  Id. at 1098-1099.  The Ninth Circuit                              
            supported its holding that previous independent contractor status                         
            alone was not a sufficient nexus by analogizing to a wage tax                             
            situation in which employer-provided supplemental unemployment                            
            benefits were held not to be wages because the benefits, although                         
            the result of employment status at some previous time, were                               
            “‘[I]n no way * * * a function of the employee’s providing                                




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