Edgar L. and Joan H. Parker - Page 11




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          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.”                                       






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