- 8 - Primerica would apply Mrs. Harper’s accumulated earnings for that month to her negative balance. This process was repeated through November of 2003, when Primerica applied the remaining amount of Mrs. Harper’s earnings to zero out her commission account. At the end of 2003, Mrs. Harper’s commission account (including recovery of advances made and chargeback amounts owed) had a negative yearend balance of ($1,113.17). The monthly records show that Primerica applied $1,113.17 from Mrs. Harper’s earnings recorded throughout that year to essentially pay back the negative balance in her account. We believe, despite the lack of any contract stating otherwise, that this accounting shows that Mrs. Harper was under an obligation according to her affiliation with Primerica to rectify any outstanding balance in her commission account and, to that end, her advances were not taxed upon receipt, but her actual earnings were taxed. In this case, those earnings were used to pay back a deficit accumulated in her commission account. At the end of 2003, Mrs. Harper’s commission account was credited with $1,113.17. Primerica, however, did not pay Mrs. Harper this amount by check but rather applied it to a then- existing deficiency in her commission account. Before applying the funds, Mrs. Harper’s commission account had a total negative balance of ($1,271.87). After crediting the account with $158.70 in “institutional recovery” and applying the $1,137.17 creditPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 10, 2007