- 18 - upon retirement. Under the State Farm agreement, the taxpayer was entitled to 5 years of termination payments based on a fixed percentage of his final year’s commissions. The taxpayer was eligible for termination payments only if the termination occurred more than 2 years after the contract was entered into. The termination payments were also subject to reduction for refundable commissions that had already been earned by the taxpayer on policies that were canceled during the year following termination. The reductions were called “chargebacks”. This Court held, in a Memorandum Opinion, that the termination payments were subject to self-employment tax because the payments were “derived”, in the dictionary meaning of the word, from petitioner’s prior employment. The termination payments were found to be analogous to the payment of future commissions on policies written during the term of the contract, which had been held subject to self-employment tax in Becker v. Tomlinson, 9 AFTR 2d 1408, 62-1 USTC par. 9446 (S.D. Fla. 1962): We find that Termination Payments are the equivalent of the deferred compensation which a State Farm agent, active or retired, would receive from policies sold in prior years. On this basis, we hold that Termination Payments are derived from self- employment, even though they are received in years subsequent to the activity which generated them. [Milligan v. Commissioner, T.C. Memo. 1992-655.] In reversing the Tax Court’s decision in Milligan, the Court of Appeals for the Ninth Circuit held that “to be taxable as self-employment income, earnings must be tied to the quantity orPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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