Jorge N. and Vivian Lopez - Page 6

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          to compete with other Amway affiliates for sales and recruits.              
          Petitioners’ lack of control over their downline distributors               
          hampered their ability to predict sales and, in turn, performance           
          bonuses.  Their difficulty in predicting performance bonuses was            
          compounded by Amway’s practice of varying the point value it                
          assigned to a given product.  Petitioners’ lack of control over             
          these key components of their distributorship caused any                    
          predictions of performance bonuses that they might have made to             
          be, at best, uncertain.                                                     
               Given their practice of selling Amway products at cost,                
          petitioners’ Amway distributorship could be profitable only if              
          their performance bonuses exceeded their expenses.  In order for            
          this to occur, petitioners estimated that they would need to                
          achieve and maintain a monthly point value of 4,000.  However,              
          petitioners had not actually made this determination for                    
          themselves; rather, they relied on statements to this effect                
          by other Amway distributors and hypothetical examples in                    
          Amway brochures.  During the years in issue, it appears that                
          petitioners’ point value did not exceed 372 in any given month.             
               As noted, petitioners filed a timely joint Federal income              
          tax return for each year in issue.  Included with each return is            
          a Schedule C, Profit or Loss From Business.  Petitioners’                   
          Schedule C for 1998 lists their principal business as “Amway                
          Sales and Distribution”.  For 1999, petitioners’ Schedule C lists           






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