- 33 - v. Commissioner, 38 F.3d at 1096-97; Gump v. United States, 86 F.3d at 1127-28. Thus, the Milligan and Gump cases are not factually similar to the situation confronting us here. Moreover, the Court of Appeals for the Ninth Circuit specifically noted that renewal commissions are subject to self-employment tax. Milligan v. Commissioner, 38 F.3d at 1098 (citing Erickson with approval). The Court of Appeals for the Federal Circuit also recognized the distinction between renewal commissions and "extended earnings". Gump v. United States, 86 F.3d at 1130. Likewise, our recent opinion in Jackson v. Commissioner, 108 T.C. 130 (1997), following the decision of the Court of Appeals in Milligan, which dealt only with "termination payments", is distinguishable from the renewal commissions involved in this case. Accordingly, we hold that the payments received by Mr. Lencke in lieu of renewal commissions are subject to self- employment tax because they retained the character of the renewal commissions they replaced. IV. Accuracy-Related Penalties Section 6662(a) imposes a penalty equal to 20 percent of the portion of the underpayment due to any substantial understatement of income tax. Section 6662(d) defines both "understatement" and "substantial understatement". Pursuant to section 6662(d)(2), when the amount of tax required to be shown on a return exceeds the amount actually shown (less any rebates provided in sectionPage: 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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