Mario O. and Elsie R. Garza - Page 11

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          renewal commissions on previously-generated policies”.  Milligan            
          v. Commissioner, supra at 1099 (citing Erickson v. Commissioner,            
          T.C. Memo. 1992-585, affd. without published opinion 1 F.3d 1231            
          (1st Cir. 1993)).  In Erickson v. Commissioner, supra, the Court            
          found that the payments under the settlement agreement entered              
          into between the taxpayer and the insurance company represented             
          renewal commissions and were taxable as self-employment income              
          under section 1401(a).                                                      
               Petitioner was an independent agent for American Life until            
          1998.  Upon the termination of his employment, he was fully                 
          vested in his accounts, which entitled him to receive commissions           
          on the renewal of any policies that he wrote while he was an                
          active agent.  Petitioner did not dispute or challenge whether              
          the commissions earned, and applied to his outstanding balances,            
          were commissions on the renewal of policies that he wrote.  He              
          did not contend or establish that he was a statutory employee               
          pursuant to section 3121(d)(3)(B).  See Diers v. Commissioner,              
          supra at n.6.  Accordingly, the Court holds that petitioner                 
          earned renewal commission income and is, therefore, liable for              
          self-employment tax on that income.                                         
               The final issue is whether petitioners are liable for the              
          accuracy-related penalty for the year 2001 under section 6662(a)            
          for negligence, disregard of rules or regulations, or a                     







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