- 32 - Reasoning that the payments under the Settlement Agreement had the same character as the renewal commissions, we concluded that the payments were subject to self-employment tax. Like the payments received by the taxpayers in the Becker and Erickson cases, the payments received by Mr. Lencke in lieu of renewal commissions retained the character of the renewal commissions they replaced. Petitioners cite Gump v. United States, 86 F.3d 1126 (Fed. Cir. 1996), and Milligan v. Commissioner, 38 F.3d 1094 (9th Cir. 1994), revg. T.C. Memo. 1992-655 to support their position that the payments received by Mr. Lencke in lieu of renewal commissions were analogous to "termination payments" and therefore not subject to self- employment tax. However, the payments in the Gump and Milligan cases were not payments made in lieu of renewal commissions. The right to the payments in those cases arose from the cancellation of the insurance agents' business arrangements. They were payments specifically designated as "termination payments" or "extended earnings", and, under certain circumstances, the agents could have lost their right to receive the payments.8 Milligan 8 In Milligan v. Commissioner, 38 F.3d 1094, 1096-1097 (9th Cir. 1994), revg. T.C. Memo. 1992-655, the agent's right to receive termination payments would have been canceled if all of his former customers had canceled their non-life insurance policies during the first post-termination year. In Gump v. United States, 86 F.3d 1126, 1128 (Fed. Cir. 1996), the agent would not have received his extended earnings if he had attempted to induce his agency's policyholders to lapse, cancel, or replace their insurance contracts.Page: 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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