- 10 - 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 aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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