- 10 - Recently, in Farnsworth v. Commissioner, T.C. Memo. 2002-29, we addressed cancellation payments made to a former district manager of Farmers Insurance Group (a group of insurance companies consisting of many of the same insurance companies that constitute the companies). The district manager’s agreement in that case provided for the payment of “contract value” similar to the payment of contract value at issue here, except that, during the taxpayer’s tenure as a district manager, “retention amounts” were retained from commissions to reimburse Farmers Insurance Group for payments of “Contract Value” to the district manager’s predecessor. In Farnsworth, as in Schelble, we determined that the payment in question was subject to self-employment tax because it was based on the quantity (length of service) and quality (final 6 months’ earnings without reduction for post- termination events) of the services rendered by the taxpayer. We found that the retention amount device provided an “additional nexus” between the cancellation payments and the taxpayer’s prior position as a district manager. We analyzed the provision of the agreement in question that dealt with business property used by the taxpayer (identical to a provision in the agreement), and found: “The payments Mr. Farnsworth received were expressly in consideration for the termination of the * * * contract, the payments were not made in return for the transfer of specific property owned by him. Neither in form nor substance was thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011