Gregg R. and Teresa M. Gilbert - Page 9

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          employment with Conseco, the amounts of his renewal commission              
          payments were calculated based upon the old premiums, and the new           
          agent assigned to this client would receive the benefit for the             
          increase in the premiums.  This appears to be the only                      
          difference, as to the calculation of the amounts of the renewal             
          commission payments, between the renewal commission payments                
          received before termination of petitioner’s employment with                 
          Conseco and the renewal commission payments received post-                  
          termination.                                                                
               As previously stated, petitioner continues to receive                  
          commission compensation from renewal policies with Conseco.  The            
          renewal commission payments are disbursed per the Marketing                 
          Agreement without regard to whether petitioner is still employed            
          by Conseco.  Petitioner received the same renewal commission                
          payments during his employment with Conseco and paid self-                  
          employment tax on those payments.  Also, the renewal commission             
          payments are based on actual renewals of policies with Conseco              
          during the year for which the payments are received.  The renewal           
          commission payments received by petitioner during the taxable               
          years 2000 and 2001 were in no way an annuity or estimated                  
          payments.  Since petitioner’s termination in October 2000,                  
          petitioner has not received renewal commission payments from any            
          policy that was sold after 1997.  Petitioner has never received             
          any renewal commission payments from his final year with Conseco,           






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