James J. Lencke and Janene B. Lencke - Page 33

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          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 section             




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