Orin F. Farnsworth and Mary L. Farnsworth - Page 19




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          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 cancellations              






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