Kenneth J. Nissley and Terri C. Connor Nissley - Page 18




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            recreational elements involved.”  Golanty v. Commissioner, 72                              
            T.C. at 428-429; see Ransom v. Commissioner, T.C. Memo. 1990-381.                          
                  In the present case, petitioners are well-educated,                                  
            professional individuals, licensed as C.P.A.’s, who earn                                   
            substantial salaries from their full-time employment, as                                   
            demonstrated by the following table for the years in issue:                                
                        1994       1995       1996                                                     
                  Mr. Nissley     $ 65,674   $ 67,916   $ 70,810                                       
                  Mrs. Nissley      80,660     75,010     75,010                                       
                  Total         $146,334   $142,926   $145,820                                         

                  For 1994, 1995, and 1996, petitioners claimed losses from                            
            their Amway activity in the amounts of $27,407, $33,539, and                               
            $27,787, respectively.  Petitioners used those losses to reduce                            
            their compensation and other income, thereby decreasing their                              
            taxable income and achieving substantial tax savings.  Those tax                           
            savings helped to finance everyday expenses such as outlays for                            
            car and home.5                                                                             




            5  For 1994, 1995, and 1995, petitioners deducted car                                      
            expenses in the amounts of $6,794, $13,214, and $11,070,                                   
            respectively.  For each of the first two of those years, the                               
            amount deducted for just this single expense exceeded                                      
            petitioners’ reported gross income from Amway for the year.                                
                  For 1994, 1995, and 1996, petitioners also claimed                                   
            deductions for use of home in the amounts of $1,265, $2,510, and                           
            $2,485, respectively; for 1994, they also claimed a deduction for                          
            utilities in the amount of $4,861.  For 1994, the sum of just                              
            these two deductions exceeded petitioners’ reported gross income                           
            from Amway for that year.                                                                  





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