- 11 - in a businesslike manner: (1) Dr. DeMattia failed to adequately assess the activity's profitability; (2) the sponsorship agreements failed to limit Dr. DeMattia's potential liability or require Constant to participate in a minimum number of tournaments during any given year; (3) Dr. DeMattia failed to maintain expense ledgers or journals indicating expenses incurred or the specific reason for expenses incurred; (4) Dr. DeMattia failed to document Constant's golf performance at any given tournament, the number of tournaments entered, or the potential prize money available at any given tournament. Respondent also argues that Dr. DeMattia's failure to implement any changes in operating procedures and methods in response to mounting losses indicates a lack of profit motive. Petitioners argue that Dr. DeMattia entered into the agreements and conducted the activity in a businesslike manner. First, petitioners cite Dr. DeMattia's preliminary investigation into the feasibility of the sponsorship as evidence of the requisite intent. Dr. DeMattia testified that his decision to sponsor his son was based on extensive research. For example, in order to evaluate the investment's profitability potential, he talked to a number of knowledgeable people regarding his son's likelihood of playing on the PGA tour. Among others, Dr. DeMattia spoke to his son's college coach at Stetson University, the head golf instructor for Golf Digest, the golf coach atPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011