Orin F. Farnsworth and Mary L. Farnsworth - Page 17




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          subject to self-employment tax.  Therefore, the Commissioner                
          argued, so should the insurance proceeds.                                   
               This Court rejected the Commissioner’s argument, holding               
          “that there must be a nexus between the income received and a               
          trade or business that is, or was, actually carried on”.  Id. at            
          444.  Since the insurance proceeds were received not from the               
          operation of the business, but rather because of the nonoperation           
          of the business, we held that the proceeds were not subject to              
          self-employment tax.                                                        
               The comparable statutory terms--carrying on a trade or                 
               business and rendering services--suggests to us that                   
               any income must arise from some actual (whether                        
               present, past or future) income-producing activity of                  
               the taxpayer before such income becomes subject to                     
               either FUTA, FICA, or self-employment taxes, as the                    
               case may be.  * * *  [Id. at 446.]                                     
               From this small seed has grown a great tree of self-                   
          employment tax jurisprudence, a tree with many branches.  One               
          large branch of the tree is made up of cases concerning insurance           
          company agent and manager termination payments.                             
               One of the principal cases addressing whether insurance                
          company agent termination payments are subject to self-employment           
          tax is Milligan v. Commissioner, 38 F.3d 1094 (9th Cir. 1994),              
          revg. T.C. Memo. 1992-655, in which the Court of Appeals for the            
          Ninth Circuit, to which the case at hand would be appealable,               
          reversed a decision of this Court.  The taxpayer in Milligan, a             
          former State Farm insurance agent, received termination payments            






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