Kenneth C. & Becky J. Theisen - Page 8

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               When questioned whether his downliners sell the products,              
          petitioner testified:                                                       
               Generally, no.  The way the plan is written is, you're                 
               taught to purchase things from yourself for yourself, and              
               you get other people -- say, Look.  Just change your buying            
               habits.  Don't go to HEB.  Don't go to Eckerd's.  Don't go             
               to Sam's.  You get access to all these products.  Change               
               your buying habits.  Buy things for yourself.                          
               Petitioner also conceded that petitioners' personal                    
          purchases were more than the purchases they acquired for resale             
          to other customers or downline distributors.  Specifically,                 
          petitioner admitted that in 1992 he bought $4,500 of products for           
          personal use and $3,262 of products for other purposes.  For                
          1993, he conceded he bought $10,729 of products for personal use            
          and $4,991 of products for other purposes.                                  
               Petitioners have consistently reported tax losses on their             
          Amway activity.  Although only taxable years 1992 and 1993 are at           
          issue here, petitioners have claimed net losses from their Amway            
          activity for taxable years 1991 through 1995, of $2,745.06,                 
          $11,073.51, $14,881, $13,008, and $11,681, respectively.                    
               Petitioner could not explain with any detail or certainty              
          how or when the Amway activity would become profitable.  He could           
          not explain how many downliners he needed to recruit in order to            
          realize a profit.  Moreover, he stated that when downliners                 
          purchased products through petitioners the purchases were at                







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