- 7 - income at the time of the offsets. Cox v. Commissioner, T.C. Memo. 1996-241; cf. Warden v. Commissioner, T.C. Memo. 1988-165. In this case, Mrs. Harper continued to earn commissions on policies that she had sold during her affiliation with Primerica through August of 2003. However, instead of paying these commissions to Mrs. Harper “by check”, Primerica diverted the commissions to accounts showing balances owed by Mrs. Harper for the advances and expenses payments previously described. We believe that based on all of the evidence presented, that when Primerica previously made advances to Mrs. Harper, she was not taxed on those advances because the advances were loans secured and payable through future earned commissions. Beaver v. Commissioner, supra; Diers v. Commissioner, T.C. Memo. 2003-229. Although the record before us is devoid of any contract that may have existed between Mrs. Harper and Primerica, we are convinced from our review of the detailed monthly statements of accounting maintained by Primerica, and illustrated at Exhibit 5- J, that under the system that Primerica used to account for its agents’ commissions, advances Primerica paid to Mrs. Harper were actually loans to be offset directly by future earned income. As evidence for this conclusion, we point to the fact that Mrs. Harper carried over a negative balance in her commission account from 2002 and had a negative balance in her chargeback recovery account for each month of 2003. For each month of 2003,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 10, 2007