Orin F. Farnsworth and Mary L. Farnsworth - Page 7




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               In order to reimburse itself for the cost of paying                    
          “contract value” to retiring district managers (rather than                 
          requiring the retiring managers to sell their interests to the              
          replacement managers), Farmers began in 1965 to impose retention            
          amounts on its new district managers.  The retention amounts                
          withheld by Farmers from the compensation it paid to a new                  
          district manager were not used to fund deferred compensation to             
          the new district manager upon retirement.  Instead Farmers used             
          the retention amounts to reimburse itself for the cost of paying            
          “contract value” retirement benefits to the retiring manager.               
          Farmers conditioned the new district manager’s right to receive             
          “contract value” benefits from Farmers at retirement on his                 
          agreement to have retention amounts withheld.                               
               In issuing a Form 1099 reporting income to a district                  
          manager, Farmers would take the commission overwrite earned by              
          the district manager and then deduct any “retention amount”                 
          withheld from the district manager’s earnings to arrive at the              
          gross income of the district manager.  During the entire time               



               3(...continued)                                                        
          and we so find.  See Cal-Maine Foods, Inc. v. Commissioner, 93              
          T.C. 181, 195 (1989).  The total payments under both addenda                
          would have been approximately equal.  The first addendum called             
          for retentions of $935 per month for 120 months, totaling                   
          approximately $112,200.  Assuming the retentions called for under           
          the first addendum were withheld until the effective date of the            
          second addendum, there would have been retentions of $935 per               
          month for 17 months, followed by retentions of $605 per month for           
          the remaining 160 months, totaling $112,695.                                





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