- 9 - Sec. 1.183-2(b)(3), Income Tax Regs. Petitioners devoted approximately two nights per week, and approximately two weekends per month, to the Amway activity. This time was spent in delivering products and in traveling to other individuals’ homes for evening meetings as well as to monthly meetings and quarterly “major functions”. In addition, petitioners concentrated on recruiting downliners, from whom income could be derived independently from the direct efforts of petitioners, rather than making direct sales. We find that this factor favors petitioners. 4. Expectation That Assets Used in the Activity Would Appreciate in Value Despite a lack of profit from current operations, a profit objective may be indicated where a taxpayer intends to earn an overall profit with income earned from operations together with the appreciation in the value of assets used in the activity. Sec. 1.183-2(b)(4), Income Tax Regs. The pole barn constructed on petitioners’ property was used temporarily in part for Amway- related purposes. However, this structure was used for Amway activities only temporarily, and there is no indication that petitioners intended to realize significant appreciation from it. We find that this factor remains neutral. 5. Taxpayer’s Success in Other Activities A profit objective may be indicated where the taxpayer has in the past taken similar activities and made them profitablePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011