James J. Lencke and Janene B. Lencke - Page 31

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          uniform, regularly scheduled payments in lieu of his renewal                
          commissions.  Upon his retirement as an insurance agent, the                
          taxpayer elected to receive the uniform, regularly scheduled                
          payments rather than the renewal commissions to which he was                
          entitled.  The District Court reasoned that the payments made to            
          the taxpayer in lieu of renewal commissions merely provided for a           
          uniform manner of payment of renewal commissions and did not                
          alter the nature of the payments.  Because renewal commissions              
          are subject to self-employment tax, the District Court held that            
          the payments made in lieu of the renewal commissions are also               
          subject to self-employment tax.                                             
               Similarly, in the Erickson case, this Court held that                  
          payments made under a Settlement Agreement that replaced the                
          taxpayer insurance agent's former agreement governing the payment           
          of renewal commissions were subject to self-employment tax.  The            
          taxpayer in the Erickson case, who had recently separated from              
          service as an insurance agent, was entitled to receive renewal              
          commissions pursuant to a Leveling Agreement that provided for              
          monthly payments over a 180-month period.  However, as a result             
          of disputes between the taxpayer and the insurance company, the             
          insurance company entered into a Settlement Agreement with the              
          taxpayer.  The Settlement Agreement nullified the Leveling                  
          Agreement and provided that the taxpayer was to receive uniform,            
          monthly payments over a 240-month period, and then smaller                  
          uniform, monthly payments for the remainder of his life.                    




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