Orin F. Farnsworth and Mary L. Farnsworth - Page 24




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          because Mr. Farnsworth was not an “insurance salesman”, and                 
          because the payments were made in 1995, before the effective date           
          of the statute.  However, the legislative history of section                
          1402(k) makes it clear that the provision was intended to codify            
          existing law.5                                                              
               Factually, the case at hand is like Schelble, and unlike               
          Jackson, Gump, and Milligan, because the amount of Mr.                      
          Farnsworth’s termination payments depended on the length of his             
          relationship with Farmers.  Mr. Farnsworth’s “contract value”               
          referred to in the DMAA was based upon a schedule that took into            
          account the number of years of service completed by the district            
          manager.  This was more than a one-step eligibility requirement.            
          The longer the taxpayer’s tenure as district manager, the higher            
          the percentage of the taxpayer’s final 6 months’ earnings that              
          was used to compute “contract value”.  The amount varied between            
          three times the last 6 months’ service commission overwrite for a           
          district manager with 5 years of service to seven times the last            
          6 months’ service commission overwrite for a manager who had, as            



               5After citing Jackson v. Commissioner, 108 T.C. 130 (1997),            
          Gump v. United States, 86 F.3d 1126 (Fed. Cir. 1996), and                   
          Milligan v. Commissioner, 38 F.3d 1094 (9th Cir. 1994), revg.               
          T.C. Memo. 1992-655, the Conference Committee report states:                
          “The House bill codifies case law by providing that net earnings            
          from self-employment do not include any amount received during              
          the taxable year from an insurance company on account of services           
          performed by such individual as an insurance salesman for such              
          company”.  H. Conf. Rept. 105-220 at 458 (1997), 1997-4 C.B.                
          (Vol. 2) 1457, 1927-1929.                                                   





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