Gregg R. and Teresa M. Gilbert - Page 16

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          labor”, and these commission payments derive from the “carrying             
          on” of petitioner’s business as an independent insurance agent              
          with Conseco.                                                               
               In the present case, the renewal commission payments reflect           
          renewed policies that were originally sold by petitioner as a               
          representative, or one of his subordinate representatives, on               
          behalf of Conseco in years dating back to 1985.  The amounts of             
          the renewal commission payments, received after termination of              
          petitioner’s marketing agreement with Conseco, are calculated               
          based upon the premiums received before petitioner’s termination.           
          Unlike in Jackson, the renewal commission payments themselves and           
          the amounts of such payments actually arise from petitioner’s               
          business activity.  See Jackson v. Commissioner, supra at 132.              
          Additionally, unlike in Jackson, petitioner in the present                  
          situation had a vested right to the renewal commission payments,            
          which consisted of an identifiable monetary amount.  See id.                
          Further, the renewal commission payments are disbursed not                  
          pursuant to a termination agreement but per the Marketing                   
          Agreement, without regard to whether petitioner was still                   
          employed by Conseco.  Petitioner received the same renewal                  
          commission payments during his employment with Conseco and paid             
          self-employment tax on those such payments.  Like Lencke, the               
          renewal commission payments retain the same character of the                








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