- 19 - quality of the taxpayer’s prior labor, rather than the mere fact that the taxpayer worked or works for the payor.” Milligan v. Commissioner, 38 F.3d at 1098. The Court of Appeals found that the taxpayer’s earnings were not tied to the quantity of his prior labor. The Court of Appeals ruled that the 2-year qualification requirement related only to the taxpayer’s eligibility for termination payments; the payment amounts did not depend on the taxpayer’s length of service beyond the period of eligibility. The Court of Appeals pointed out that it did not matter whether the taxpayer had worked for State Farm for 2 years or 20--the payments would in either case be the same. Because the payment amounts did not depend on the length of service or overall earnings, the payments were not tied to the quantity of the taxpayer’s services. In the same vein, the Court of Appeals held that the termination payments did not depend on the quality of the taxpayer’s prior service. The Court of Appeals recognized that the payments were based on the taxpayer’s final year’s commissions. According to the Court of Appeals, “At most, the amount of the Termination Payments, not the payments themselves, actually arose from Milligan’s business activity.” Id. at 1099. The Court of Appeals went on to note that even the amount was not entirely related to Milligan’s prior earnings, because of the potential for chargebacks based on future policy cancellationsPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011