Larry Minnick and Charla Minnick v. Commissioner - Page 5




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          Amway regarding their downliners.  These reports summarized order           
          activity and bonus information.  Petitioners maintained a                   
          contemporaneous diary of meeting activities, but they did not               
          maintain periodic financial statements for the distributorship.             
          During 1996, petitioners constructed a building on their                    
          residential property, a “pole barn”, which for a short period of            
          time was used in part for storage of Amway products.  However, at           
          some point during the years in issue, petitioners no longer                 
          needed to store products, and the building subsequently was used            
          for entirely unrelated purposes.  On average, petitioners devoted           
          approximately 2 nights per week, and approximately 2 weekends per           
          month, to the Amway activity.  Petitioners’ taxable wage and                
          salary income was as follows for each respective year:                      
               1992       1993       1994       1995       1996       1997            
               $61,137    $65,980    $64,018    $65,500    $67,000    $72,403         
               Petitioners reported the following Amway-related gross                 
          income and net losses on their joint Federal income tax returns             
          for taxable years 1992 through 1997:                                        
               1992       1993       1994       1995       1996       1997            
               Gross income    $18,768    $11,968     $2,972     $2,888     $3,500    $10,431
               Net loss         (9,559)   (25,724)   (18,056)   (18,392)   (19,395)   
          (12,349)                                                                    
          In the notice of deficiency, which relates only to taxable years            
          1996 and 1997, respondent determined that the income petitioners            
          received from their Amway activity was not earned in connection             
          with an activity conducted for profit.  Thus, respondent                    
          determined that petitioners were required to report the Amway-              




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