Karl Meyer and Vickie Meyer - Page 18




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          than the Amway “9-4-2 plan”) ever developed.                                
               Furthermore, for the year in issue, no in-depth analysis was           
          ever performed in order to determine how many “downline”                    
          distributors were needed to attain a break-even point.  Although            
          Mrs. Meyer estimated that 25 distributors were required to attain           
          a “bare bones” standard of living, such estimate was not based on           
          a business plan or any independent analysis.  Rather, Mrs. Meyer            
          was content to rely on the profitability worksheet given to her             
          by an “upline” distributor.                                                 
               A third factor militating against petitioners’ claim of                
          profit objective is the fact that petitioners had no experience             
          with Amway or an Amway type of activity at the time that they               
          were recruited by an Amway distributor.  See sec. 1.183-2(b)(2),            
          Income Tax Regs.  Since that time, petitioners have principally             
          relied only on advice from “upline” distributors and other                  
          interested Amway individuals.                                               
               Yet, under the Amway system, the “upline” distributor’s                
          bonus is not directly affected by the “downline” distributor’s              
          profitability or lack of profitability; rather, what is important           
          to the “upline” distributor is the “downline” distributor’s                 
          volume of sales.  Nevertheless, petitioners have steadfastly                
          refused to seek meaningful counsel from disinterested third                 
          parties regarding means by which the Amway activity might be made           








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