- 12 - Petitioner was not an officer of a corporation; moreover, as discussed later in this opinion, we find that petitioner was not an employee under the usual common-law rules. Thus, we must consider whether he was a full-time life insurance salesman. Respondent argues that petitioner was not a full-time life insurance salesman because he did not sell life insurance, whereas petitioners contend that petitioner did sell life insurance because the policies he sold paid benefits in the event of the death of the insured. The regulations provide as follows: An individual whose entire or principal business activity is devoted to the solicitation of life insurance or annuity contracts, or both, primarily for one life insurance company is a full-time life insurance salesman. * * * An individual who is engaged in the general insurance business under a contract or contracts of service which do not contemplate that the individual’s principal business activity will be the solicitation of life insurance or annuity contracts, or both, for one company, or any individual who devotes only part time to the solicitation of life insurance contracts, including annuity contracts, and is principally engaged in other endeavors, is not a full-time life insurance salesman. [Sec. 31.3121(d)-1(d)(3)(ii), Employment Tax Regs.3] Neither section 3121(d)(3)(B) nor the regulation just quoted defines “life insurance” or “life insurance contract”. However, section 7702(a) provides that for purposes of the Internal 3 This regulation mirrors the legislative history of sec. 3121(d), which contains almost identical language. See S. Rept. 1669, 81st Cong., 2d Sess. (1950), 1950-2 C.B. 302, 347.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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