- 11 - underlying income and expense data, reports, and other business records and their failure to reconstruct the income and expense reports indicate a disregard of businesslike activity and profit. Id. Petitioners asserted that they changed the way they did business (i.e., marketing) in 1996, but petitioners have offered no factual support for this assertion. Continuing to operate such an unprofitable activity, even after a change in strategy that was unsuccessful, indicates a lack of profit objective. Filios v. Commissioner, 224 F.3d at 24; sec. 1.183-2(b)(1), Income Tax Regs. Petitioner testified that “if products don’t move, profit doesn’t move”; yet petitioners failed to provide any indication of how they attempted to sell the Amway products. Petitioners did not present any facts or business records concerning sales of products to customers such as customer lists or distribution order forms. Rather, petitioners’ goals list and testimony indicate that they focused on establishing a downline chain of distributors more than they focused on selling products. Moreover, petitioners claimed that they had approximately 30 downline distributors, but they neither produced a list of these downline distributors nor had any of them testify. We are not convinced that petitioners focused on selling Amway products and that they focused on earning a profit.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011