Orin F. Farnsworth and Mary L. Farnsworth - Page 26




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          Farnsworth’s agreement to allow his overwrite commissions to be             
          reduced by retentions and his right to recover “contract value”             
          upon termination creates an additional nexus between the                    
          termination payments and his prior employment.                              
               Because, as in Schelble v. Commissioner, 130 F.3d 1388 (10th           
          Cir. 1997), the contract value payments to Mr. Farnsworth were              
          based on the quantity (length of service) and quality (final 6              
          months’ earnings without reduction for post termination events)             
          of the services rendered by Mr. Farnsworth, and because of the              
          causal relationship between retentions and the right to “contract           
          value” payments at termination, Farmers’s contract value payments           
          to Mr. Farnsworth are subject to self-employment tax.                       
               Petitioners attempt to distinguish Schelble on three                   
          grounds.  First, petitioners argue, without citation of                     
          authority, that the holding of Schelble should not apply to the             
          case at hand because the taxpayer was an insurance agent, while             
          Mr. Farnsworth was a district manager.  Petitioners fail to                 
          explain how a difference in Mr. Farnsworth’s title or duties                
          would make any difference in the result.  The fact remains that             
          there is a sufficient nexus between the payments and Mr.                    
          Farnsworth’s self-employment services to cause the payments to be           
          subject to the self-employment tax.                                         
               Second, petitioners argue that the payments in Schelble were           
          “based on the future commissions the Agent would have earned if             






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