Walter C Demattia and Elizabeth J. Crouse - Page 14

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          profit intent.  Constant had only participated in four or five              
          tournaments during 1992 through 1993, and had minimal tournament            
          earnings in 1994 through 1996.  What is particularly telling is             
          Dr. DeMattia's reaction to Constant's new golf instructor                   
          position.  Although Constant's new responsibilities impaired his            
          ability to play in tournaments, and hence generate income from              
          tournament winnings, Dr. DeMattia's only action in response                 
          thereto was to ensure that Constant's separate earnings were not            
          covered by the sponsorship agreements.  If there had been the               
          requisite profit intent, all of the aforementioned facts should             
          have inspired corrective action on Dr. DeMattia's part.  This               
          factor supports respondent's determinations.                                
               2.  Expertise of Petitioners or their Advisors                         
               A taxpayer's expertise, research, and study of an activity,            
          as well as his or her consultation with experts, may be                     
          indicative of a profit intent.  Sec. 1.183-2(b)(2), Income Tax              
          Regs.                                                                       
               Respondent argues that Dr. DeMattia lacked the requisite               
          expertise to conduct the activity with a profit intent.  In                 
          support, respondent cites the following facts:  (1) Dr. DeMattia            
          had never entered into any other sponsorship agreement with                 
          another professional athlete; (2) he had never acted as a sports            
          agent; and (3) he had no formal training as a golf instructor.              







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