- 30 - Rule 151(e); Remuzzi v. Commissioner, T.C. Memo 1988-8, affd. without published opinion 867 F.2d 609 (4th Cir. 1989). Second, we must decide whether the payments in lieu of renewal commissions received by petitioners in 1990 are subject to self-employment tax. Petitioners contend that these payments are analogous to the "termination payments" received by the taxpayer in Milligan v. Commissioner, 38 F.3d 1094 (9th Cir. 1994), revg. T.C. Memo 1992-655, and are, therefore, not subject to self-employment tax. To the contrary, respondent contends the payments merely provided a uniform manner of payment of renewal commissions and retained the characteristics of renewal commissions. Thus, respondent concludes that the payments are subject to self-employment tax just as renewal commissions are subject to self-employment tax. We agree with respondent. The courts which have examined the issue of whether payments made in lieu of renewal commissions are subject to self- employment tax agree that the payments are of the same character as renewal commissions and are, therefore, subject to self- employment tax. See Becker v. Tomlinson, 9 AFTR 2d 1408, 62-1 USTC par. 9,446 (S.D. Fla. 1962); Erickson v. Commissioner, T.C. Memo. 1992-585, affd. without published opinion 1 F.3d 1231 (1st Cir. 1993). In the Becker case, the taxpayer, an insurance agent, was entitled to receive renewal commissions after the termination of his contract. An amendment to his original contract, however, allowed the taxpayer to choose to receivePage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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