- 26 - 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 ifPage: 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