- 24 - 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.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011