Harold D. and Joan E. Edwards - Page 6




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          petitioners’ net income from all of the agency’s revenues, the              
          entire amount of petitioners’ 2003 Schedule C net income is                 
          derived from premium renewals.4  Respondent references Lencke v.            
          Commissioner, T.C. Memo. 1997-284, for the well-settled rule that           
          self-employment income includes commission payments to a former             
          insurance agent of previously earned commissions and asks us to             
          find that the principles of Lencke apply to this case.                      
               It is well established that renewal commissions received by            
          a retired insurance agent are subject to self-employment tax as a           
          form of deferred compensation.  Erickson v. Commissioner, 1 F.3d            
          1231 (1st Cir. 1993), affg. without published opinion T.C. Memo.            
          1992-585; Jackson v. Commissioner, 108 T.C. 130, 133-135 (1997);            
          sec. 1.1402(a)-1(c), Income Tax Regs.  However, income must arise           
          from some actual (whether present, past, or future) income-                 
          producing activity of the taxpayer before it becomes subject to             
          self-employment tax.  Newberry v. Commissioner, supra at 446.               
          Earnings from past income-producing activities must be tied to              
          the quantity or quality of the taxpayer’s prior labor.  Schelble            
          v. Commissioner, 130 F.3d 1388 (10th Cir. 1997), affg. T.C. Memo.           
          1996-269.                                                                   
               Although Mr. Edwards and Ms. Payne testified that Mr.                  
          Edwards did not sell insurance in 2003 and had been retired from            

               4  Petitioners’ net income from the Edwards agency in 2003             
          was $62,483, whereas the agency’s gross receipts from renewals              
          were $154,179.                                                              






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