Michael A. Ogden - Page 10




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               The parties stipulated that petitioners' records indicate              
          that they drove more than 30,000 miles per year in connection               
          with their Amway activities.  The parties stipulated that                   
          petitioners' records indicate that they have shown the Amway                
          plan, for about 2 hours per showing, approximately 137 times in             
          1993, approximately 200 times in 1994, and approximately 104                
          times in 1995, to recruit potential Amway distributors.  The                
          Court was not persuaded that these records were accurate.  We               
          agree with respondent that petitioners spent most of their time             
          recruiting downline distributors rather than selling products.              
               The expectation that assets used in the Amway                          
          distributorship may appreciate in value is not relevant.  Sec.              
          1.183-2(b)(4), Income Tax Regs.  The success of petitioners in              
          carrying out other similar or dissimilar activities has been                
          addressed.  Sec. 1.183-2(b)(5), Income Tax Regs.                            
               Petitioners' history of income or losses with respect to the           
          Amway distributorship is revealing.  Sec. 1.183-2(b)(6), Income             
          Tax Regs.  Most of petitioners' gross income comes from the                 
          bonuses provided by Amway.  As noted, petitioners did not list              
          Amway on the Federal Income Tax returns.  In fact, petitioners'             
          C.P.A. and petitioners failed to list their gross sales and their           
          cost of goods sold on their Federal returns, contrary to the                
          format of the Schedules C.  Mr. Ogden testified that he did not             
          know why the gross sales were omitted from the 1993, 1994, and              
          1995 returns and that he did not learn of this omission until 3             




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