- 31 - 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.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011