- 11 - transaction at issue a sale of property by Mr. Farnsworth.” Farnsworth v. Commissioner, supra; see also Baker v. Commissioner, 118 T.C. 452, 461-465 (2002) (termination payment made to insurance agent not received for sale of capital assets). The payments by the companies of contract value are subject to the tax on self-employment income since they constitute net earnings from self-employment. We reach that conclusion because contract value was determined based on the quantity (length of service) and quality (final 6 months’ earnings without reduction for posttermination events) of the services rendered by petitioner to the companies. That establishes a nexus between the contract value and petitioner’s business of being a district manager. Petitioners argue that the agreement created a franchise, which petitioner transferred back to the companies. The agreement contains no language establishing a franchise, nor do we believe that the agreement, which gives petitioner the right to render personal services as a district manager, establishes a franchise within the meaning of section 1253(b)(1).2 See Clark v. Commissioner, T.C. Memo. 1994-278 (implicitly rejecting the argument that a district manager with Farmers Insurance Companies relinquished a franchise in 2 Sec. 1253(b)(1) provides: “The term ‘franchise’ includes an agreement which gives one of the parties to the agreement the right to distribute, sell, or provide goods, services, or facilities, within a specified area.”Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011