[Congressional Record Volume 146, Number 127 (Thursday, October 12, 2000)]
[Extensions of Remarks]
[Pages E1752-E1753]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 FAIR TAX TREATMENT FOR INSURANCE AGENTS' TERMINATION PAYMENTS ACT OF 
                                  2000

                                 ______
                                 

                            HON. SAM JOHNSON

                                of texas

                    in the house of representatives

                      Wednesday, October 11, 2000

  Mr. SAM JOHNSON of Texas. Mr. Speaker, today I am introducing a small 
business tax relief measure that will assist thousands of insurance 
agents throughout this country as they prepare for retirement.
  Many exclusive insurance agents who leave or retire from their jobs 
receive what is known as a ``termination payment'' under a contractual 
agreement with their respective insurance companies. These payments are 
paid for intangible assets, including the agent's ``book of business'' 
and goodwill, and are usually spread out over a series of years.
  Currently, there is confusion about the tax treatment of these 
termination payments, which has caused some IRS field agents to 
question the capital gains treatment of these payments. My bill, the 
``Fair Tax Treatment for Insurance Agents' Termination Payments Act

[[Page E1753]]

of 2000,'' will make it clear that these termination payments are for 
the sale or other disposition of intangible capital assets and 
therefore should be subject to capital gains treatment. A clarification 
of current law is needed to ensure the correct result and prevent 
unknowing IRS agents from subjecting innocent insurance agents around 
the country to attack and audit on an issue that has no basis for 
controversy.
  I urge my colleagues to support my bill and work with me to clarify 
the law to ensure that insurance agent ``termination payments'' are 
subject to capital gains treatment for Federal income tax purposes.

                          ____________________