Larry Minnick and Charla Minnick v. Commissioner - Page 9




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          and by their upliners, these were merely summary reports and show           
          no independent effort by petitioners to track and/or improve upon           
          the financial progress of the distributorship.  Furthermore,                
          petitioners did not make any substantial alterations in an                  
          attempt to improve the manner in which they conducted their                 
          operations, even after six or more years of losses.  We find that           
          this factor favors respondent.                                              
               2. The Expertise of the Taxpayer or his Advisers                       
               A profit objective may be indicated where the taxpayer                 
          carries on an activity in accordance with practices learned from            
          extensive study of accepted business and economic practices, or             
          consultation with experts involved therein.  Sec. 1.183-2(b)(2),            
          Income Tax Regs.  Petitioners sought the advice of persons who              
          might be considered experts in Amway-related activities.                    
          Petitioners attended various events conducted regularly which               
          they believed would provide the expertise necessary to make their           
          distributorship profitable.  Although no evidence shows that                
          petitioners sought the advice of experts outside the Amway                  
          organization, who might have had a more objective viewpoint                 
          regarding business plans and strategies, we find that this factor           
          favors petitioners.                                                         
               3. Time and Effort Expended by the Taxpayer                            
               A profit objective may be indicated where the taxpayer uses            
          much of his personal time and effort to carry on the activity.              






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