Amway IBOs Hosed By IRS?

 Check out this post by Forbes blogger Peter Reilly. He has written articles in the past documenting some cases of Amway IBOs being hosed by the IRS in tax court because they have no business plan or a realistic plan to make a profit. He even mentions Joecool's blog. Imagine that? My blog mentioned in Forbes!

http://www.forbes.com/sites/peterjreilly/2016/06/25/tax-court-denies-amway-losses-due-to-lack-of-profit-motive/#662835204815

I was surprised to see that I haven’t written about an Amway case in over two years. Well, a new one came out this week and James E. Hess, like pretty much every taxpayer who has ever disputed disallowance of Amway losses in Tax Court, lost. Amway cases are a subset of Section 183 (commonly known as hobby loss) cases.

The rule is that in order to post losses to your tax return, the underlying activity has to be one in which you were trying to make money. I have written about quite a variety of activities where the taxpayer has contested an IRS hobby loss determination- musicians, artists, drag racers, players of slot machines, even blogging to name a few. The most common though are horses and Amway. The horse people frequently win, but the Amway people pretty much always lose

A Bit About Amway

The Hess decision is of interest because it has more in the way of discussion of the Amway IBO (Independent Business Owner) experience. There is the big picture of how you can make money in Amway.

"Amway distributors can generate revenue by: (1) selling products directly to consumers; (2) earning points through Amway’s reward point system; and (3) sponsoring other individuals who join Amway as distributors. In the latter case, the original distributor is called an “upline” distributor, or a sponsor, in relation to his new recruit, the “downline” distributor. The upline distributor receives points when any member of his downline sells Amway products even though he does not participate in the sale. Those points can then be redeemed for cash in the form of a bonus check. If a downline distributor engages another individual to be his downline distributor, the original upline distributor takes a percentage of the sales of both downline distributors even though he had nothing to do with the activities of the new downline distributor. Thus, to maximize Amway-related income, a distributor must sell Amway products and also try to enlist other individuals as Amway distributors."

The Missing Business Plan

The Tax Court denied the losses because Mr. Hess did not have any sort of a business plan. What he received from Worldwide Group “did not contain information that is generally found in a formal business plan”. It was more of a description of how revenue could grow.

It is interesting to note that the Tax Court has become a little more relaxed in calling for formal business plans in Section 183 cases recognizing that people in essentially crap shoot businesses like art and horse breeding don’t need accountants to tell them how to make money. Yet it seems to be holding the line when it comes to Amway.

Mr. Hess reported net losses from 2005 to 2011 ranging from $10,000 to $25,000. In only one year did revenue exceed $1,500. Nothing changed.

Tax Court Seems To Align With The Critics

What I found most intriguing about this decision, is that way that it mirrors critiques of the Amway experience, which seem to have their own section of the blogosphere. For example Joecool of Amway – The Dream Or The Scheme? recently wrote in a post called Amway Success?
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Submission to upline was one of the things we were told. Our group was told that upline would never purposely lead us astray so we should trust them and never try anything without checking upline.

Our group was taught to reduce debt, but ironically, upline said it was okay to go deeper in debt if it was to attend a function or to buy more cds.

Anytime we asked about how much income uplines may have been earning, we were either told it’s none of our business or shown a photocopy of a 10 year old bonus check that someone upline may have received. Our proof that the business worked was upline showing off pictures of sports cars and mansions.

Losing money is success. Many times, our group was told that losing money was a sign of success. It was success because we were investing in our futures. That the business really is not about money but about friendships. I suppose upline taught this because everyone was losing money so it was nice to hear that success was around the corner, and that we were all nicer people and on our way to success if we just attended more functions and bought more standing orders

Avoid The Name "Amway"?

 I often find it comical that to this day, I still see people who like to hide the Amway name when recruiting others. I believe this tactic has been a major factor in why Amway has a bad reputation in North America. When I was recruited, I was lied to as well. I was invited to a "beer bust" only to find out it was an Amway meeting. I went home that night thinking WTH was that? They lie to us and then expect us to join the business. And to this day, I believe this practice continues. They might use another name such as "Liberty Marketing" or "Worldwide Group" to mask the opportunity they are pitching. My question is why?

Over the years, IBOs have tried all kinds of ways to disguise the Amway opportunity. In the past, it was network marketing, e-commerce, online shopping mall and the corporation even changed Amway in North America to "Quixtar". Sadly, the name change to quixtar did not work, probably because the same tactics were used when recruiting new IBOs into Quixtar. Amway eventually changed the name back to Amway. I believe this bad reputation in North America is why Amway, in years past, enjoyed the most business growth overseas where people either do not know the Amway name, and likely because there haven't been enough former Amway/AMO victims to soil the name in other countries. As markets mature and people get to know about Amway, we se what is happening now. Amway revenues have plummeted from 11.8 billion in 2013 to 8.8 billion (global) in 2016. That's a serious decline!

So IBOs, how can you expect someone to trust you and do business with you if you are deceitful or outright lie about the Amway opportunity? Are you ashamed of the Amway name? If you are ashamed or scared to drop the "A bomb" on people, how will you ever be able to show any plans, let alone sponsoring anyone into the business? My former sponsor used to tell our group that the biggest challenge is overcoming the name Amway. To be fair, Amway the corporation is not the reason for the bad reputation. It is the unethical and bad behavior of IBOs that lead to a bad reputation but on the other hand, it's not the like Amway police have been cracking down and visibly taking action against the violators so Amway is also guilty to some degree.

Conversely, people who come right out and talk about Amway are unlikely to net any decent results either because of the past reputation. It's an almost no-win situation for IBOs and prospects. For these reasons, I believe it to be nearly impossible to build and maintain a group, especially if your goal is to reach diamond. It seems as if more diamonds have left Amway in recent years than there have been new diamonds. I believe this to be spot on for WWDB, my former LOS. So IBOs, are you ashamed of Amway? If not, why are there still so many IBOs using trickery and deception in recruiting prospects?

If you avoid using the Amway name, what are you ashamed of?

What's The Catch?

 In the Amway business, most active IBOs are advused to trust upline. To think of upline as a coach or a mentor. These upline mentors or coaches are supposed to have your best interest at heart and they will guide you to success if only you will be open to learning. Many uplines, including my former uplines used to coin the term "copy" or duplicate. If you can do that you will be successful. Even the simplest of people can copy. The upline may crack a joke about getting thru school by copying. Thus, many IBOs follow exactly what their upline advises them to do.

But then uplines turn the responsibility away from themselves. Many Amway defenders will also claim that downline should not simply follow the advice of upline. They may make a ridiculous claim that standing orders and functions contain advice that must be discerned. That information is like a buffet. You pick and choose what you need and discard the rest. If you are a new IBO or prospect, let me tell you that is a load of guano (bird crap) that is being heaped on you. Your upline is touted as having experience and wisdom in the Amway business, which is why you are paying good money for voicemail, books, cds/audio files, and functions. So why would their advice be something you pick and choose? How would a new IBO know what to pick and choose?

Imagine hiring a guide for a trek in the wilderness. The guide is supposed to be an experienced outdoorsman, perhaps an expert. So if he recommends that you eat certain plants or fruits, you trust that he is going to guide you right. Imagine eating something that made you sick to your stomach, only to have the guide tell you that he just points out plants and fruits and you have to discern which is good for you and which is not. You would fire the guide and tell everyone you know not to use that guide anymore.

But here we have these "systems" such as Network 21, WWDB or BWW that have been "guiding" IBOs for up to 20 years or more in some cases, and the number of diamonds are negligible. Sure there might be new platinums, but many tool consuming platinums have been found to be losing money or making very little money for their efforts. What's more, it would appear that Amway is losing ground in sales. Amway's sales dropped from 11.8 billion in 2013 down to 8.6 billion in 2017. One can reasonably guess that any new platinums that break are simply replacing the volume for a platinum that no longer exists or a platinum that no longer qualifies. My former upline diamond appears to have all new qualifying platinums from the time I was in the business and here's the kicker. My former diamond had 6 downline rubies. As far as I know, none of these rubies are qualified as platinum anymore, much even in the business.

Uplines also program their downline to take responsibility for the failure. Thus you have IBOs who did everything that was asked of them, only to fail. Yet these IBOs often blame themselves for their failure. It is my opinion that former IBOs who did everything asked of them only to fail should file a formal complaint against their LOS with the better business bureau. Amway defenders like to think that a lack of formal complaints means that the system works when clearly, there is no unbiased substantial evidence to suggest that the system works. It looks like some succeed in spite of the system, not because of.

The catch in all this is uplines skirting responsibility for the outcomes of those they "mentor" and profit from. IBOs should ask if upline really cared about their success, why do you have to pay for any help that you receive from your upline diamond?

Ineffective Tools?

 One of the things my Amway upline always pushed on us was the tools system. While the tools are said to be optional, they are not promoted that way. They were promoted as vital, necessary, almost as if you were insane to try and build an Amway business without tools. Basically, the tools were a defacto requirement. My upline always claimed that nobody ever "made it" without tools. Some Amway defenders insist that the tools work, and that IBOs who were on the system proved it with higher levels of success and product volume. But the tools work for maybe a fraction of 1% of IBOs who try them. The vast majority of people who use tools make nothing or lose money. Similar to a lottery.

IBOs participating in the system (voicemail, book of the month, standing orders, functions, etc) do more PV. I believe this is true, but it is true, only because once the upline can convince you to participate in the system, then that same IBO is also convinced that they should or must do 100 PV as part of the deal. People who aren't convinced that the system is vital, subsequently do not purchase or sell as much PV because they have not been convinced that moving PV will make them successful or wealthy.

Critics and Amway supporters have debated this issue for years, but clearly, the evidence supports my position. Why? Because if there was a true demand for Amway products because of their quality and/or value, then there wouldn't be such a steep drop off in movement of volume when an IBO becomes a former IBO. Many, probably most former IBOs never buy a single Amway product once they leave the business. If the products had true quality and value as Amway supporters claim, why don't people continue to purchase 100 PV per month when they quit? Because they never wanted or needed all of that product in the first place? If former Amway IBOs continued to but products, Amway sales would continue to increase.

If someone is convinced that Amway will be their financial savior and that by using tools and moving 100 PV will result in long term financial security and residual income as claimed by upline, then that is what they will do in hopes of achieving the end goal. When that goal or dream doesn't materialize, the former IBOs realize that the tools and products no longer have the value they once thought they had. How many former IBOs will buy standing order or attend functions? If these materials really made you nicer, or saved marriages, why don't any former IBOs keep buying them? Why do they resort to selling them for pennies on the dollar on Ebay or Craigslist? What happened to the great return policy?

Bottom line is that the tools don't work. They only work for the uplines who directly profit from the sale of tools, plus the artificial demand in product sales created by those IBOs who are convinced that Amway wil make them rich. Once the reality sets in that Amway will not make them rich, and that the tools are simply draining their resources, then the demand or tools and Amway products disappears almost instantly. There is no unbiased evidence that I know of to suggest that these tools work, and basically, the miserable amount of new diamonds emerging in the US seems to confirm this fact.

Making Millions?

 I had been recruited by an Amway IBO before, a long time ago and it was not a good experience where I was lied to in order to get me to "see the plan". I was in college and a friend had invited me to a "beer bust". I attended the meeting wearing a T-shirt and jeans only to arrive to see people wearing suits and ties and I was thinking WTH? My friend who invited me assured me that we would down some beer after the meeting. I was mad even though I stayed for the meeting.

I didn't join and my friend eventually told me that he may not be able to hang out with me in the future because he would be rich making millions and may not have time to hang out anymore. I went home a bit mad and spoke to my friend who I came to the meeting with. We talked about whether money could be made in Amway and decided that the Amway opportunity was likely saturated, so we decided not to join.

Fast forward to the 1990's and a different friend of mine has gone "direct" in Amway.  I didn't really know exactly what that was, but I knew that the term "direct" meant you accomplished a significant level in Amway.  That friend told me it was simple and easy to go direct and he could show me how to accomplish this.  I decided to join and see if my friend could deliver on his promise that he could show me how to go direct. I should have taken it as a red flag when I asked him about his Amway income, and he told me it was none of my business. But he smoothed that over by assuring me that we would both be "Millionaires" traveling the world together in the future.

I worked really hard and managed to sponsor 12 frontline legs in about 7-8 months and I was climbing the Amway ladder. I was considered a "mover and shaker" so I got exclusive time with the upline Diamond. I even got to attend special meetings and house "plans" with the diamond.

The ironic part of this story is that I purchased a home in about the year 2000 and I made the purchase for about $300K. My real estate agent also knows my Amway sponsor and contacted him about purchasing a home on Oahu (Hawaii). My former sponsor told the agent that he would only buy a home in cash (Amway/WWDB teaching). Fast forward to 2023 and my $300K home is worth over a million dollars so my home equity alone nearly makes my net worth more than a million dollars. When you add in my cash savings and investments, I am worth well over a million. Sure, nothing to brag about and it's still not a life of excess luxury, but my former sponsor from Amway who is a physician is still renting a home and is nowhere close to retiring. I am already retired for several years now, and I haven't yet reached the age of 60, with enough cash to live comfortably which includes frequent travel other luxuries.

While I may not be a diamond living the "diamond" lifestyle you see at functions on a slide show, I suspect that I'll be better off that some of the diamonds who live "bonus check to bonus check" trying to portray a lifestyle of "keeping up with the Joneses". Diamonds portray an excessive lifestyle of wealth but I suspect that many of them cannot afford the lifestyle they portray. There have been "factoids" that support my claims. The fact that a triple diamond in WWDB declared chapter 7 bankruptcy and another diamond had a home foreclosed (diamonds pay cash for everything?) shows that diamonds may not be as financially free as they claim.

So who's making millions in Amway? IMO, they folks selling CDs, voicemail, functions and books.

When Will You Walk The Beaches?

 So many Amway IBOs apparently get involved in Amway because they are under the impression that one day they will get rich. That much is clear. The uplines are smart enough, though, to say the right thing such as Amway is not gt rich quick. By doing this, the new IBOs or prospects can think they are in a legitimate business because they have been told it is not a get rich quick scheme. In fact they may even be told that Amway is hard work. But the bottom line is that they must have been told they will eventually get rich or that they willl make it if they will only follow the system. 

By saying that Amway is not get rich quick, the upline can also hook you into the tools systems for several years. They will say you need tools, just as a carpenter needs a saw and a hammer. But an Amway IBO's role is simple. Sell products, buy products, sponsor downline. You wouldn't need a 500 page manual and a bunch of cds to learn how to turn on a television would you? Yet so many people get sucked into functions and standing orders under the false idea that these are investments into your business. But still, people will do this because they have been sold on the idea that they will eventually get rich in Amway. 2-5 years to achieve financial freedom seems like a get rich (quick) scheme to me. 

I may be repeating some of these questions ad nauseum but it should reveal an answer that IBOs and prospects need. Where are the people who built their business right in 2-5 years and chose the option of walking away and njoying financial freedom while the money keeps rolling in? In over 50 years of existence, I don't know of anyone, save for Amway's owners, who can walk away and have significant income. Also, If this were an IBO benefit, why doesn't Amway list this as a benefit? Maybe it doesn't exist? Maybe it's just a myth? 

Do you really believe that all the diamonds could be anywhere in the world with anyone they choose, but they simply choose to be at your function because they love you? Isn't it more likely that all those diamonds at your function are there because they love your money (from ticket sales)? Seriously, if all the diamonds could be walking the beaches of the world with unlimited money rolling in, I'm sure some of them would choose that option instead of being in Edmonton or Portland for a Dream Night in January. 

If you believe you truly will get rich in Amway, remember that Amway says the average active IBO earns $202 a month. If you do get rich in Amway one day, you;ll have many downline losing money in order for you to be successful. Can you get rich in Amway? For most I seriously doubt it. You are more likely to fill your garage with stuff and lose money from attending functions than the possibility of getting rich in a person to person business.  Even those who make money in Amway do so at the expense of their downline, not because "everyone succeeds".

Outearn Your Sponsor?

 One of the silly (but humorous) defenses that Amway supporters use to defend their business is that it must not be a pyramid scheme, or it must be a legitimate business because you have the opportunity to earn more than your sponsor. While many downlines in fact do earn more than their sponsors, it's likely because about half of all IBOs quit in a year or less those who stay for even a year, when you factor in the business expenses for those who are on tools, the reality of suffering business losses also causes people to exit the business. It's not that hard to earn more than people who quit. But even at that, someone who quits is often better off than IBOs who continue because those on the system are losing money.

An IBO at the 100 PV level will earn about $10 in bonus income from Amway. If they are attending functions, buying standing orders and voicemail, they will operate at a loss. Thus, unless their business grows each month (highly unlikely, even if they do as upline advises) then they will suffer losses each month and those who quit will be better off. It is why I have stated that doing nothing or staying home and watching television can honestly be better options than joining Amway and the systems such as WWDB, N21 or BWW. It is why reasonable people can conclude that working for minimum wage, even a few hours a week makes you better off than joining Amway and the systems.

The defense that someone can out earn their upline is silly. The true benchmark of this statement would be for a new guy to start a business, and in 2-5 years, out earn someone like the upline diamond or higher.  It will never happen because upline has direct influence over the fortunes of their downline, even at the diamond level. It is why you have seen diamonds quit, or split from their upline to start their own training systems. They cannot affect change from downline, without upline consent, thus the breaking away from their "mentors" or leaders. At times there have even been lawsuits over the tools and function income. Do people really sue their mentors? Don't diamonds teach you that suing people is wrong? That you don't get something for nothing?

You can surely outearn your sponsor. All it takes is for your sponsor to quit. However, your sponsor quitting might mean you don't out earn your sponsor. See my example above. Taking losses is not out earning someone. Keep in mind that everyone in Amway is equal. You are all unpaid commissioned Amway salespeople, bound to Amway's terms and agreements. You don't own your downline. You don't really own much as an independent business owner. You can out earn your sponsor, but that means squidly diddly when your sponsor makes nothing or takes a loss. Come back and chirp when you out earn your upline diamond. Do I hear crickets chirping now? :-)