- 12 - Northwestern University, and the director of the Senior PGA tour. Dr. DeMattia testified that, prior to entering into the sponsorship agreements, and on the advice of an attorney, he talked to numerous amateur players in order to determine the content of similar sponsorship agreements. Based on these conversations, he took a draft sponsorship agreement to his attorney Pat Ledwidge. Petitioners also claim that Dr. DeMattia made forecasts and estimates of the activity's likely expenses and revenues, to include entry fees and motel costs. Second, petitioners cite Dr. DeMattia's record-keeping system as evidence that he conducted the activity in a businesslike manner. Third, petitioners contend that Dr. DeMattia took numerous actions to ensure the eventual profitability of his investment, including consultations with advisers regarding his son's performance. Petitioners have not persuaded us that Dr. DeMattia conducted the sponsorship activity in a businesslike manner. First, the agreements fail to set any goals or financial conditions that had to be met. The agreements fail to specify any minimum number of tournament entries by Constant or place a cap on Dr. DeMattia's potential liability for Constant's yearly expenses. Second, we find Dr. DeMattia's investigation into the potential profitability of the golf sponsorship to be lacking. Among other things, Dr. DeMattia testified that he had not calculated what Constant's earnings would have to be in order forPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011