- 17 - We find Dr. DeMattia's statements regarding the degree of effort and time spent on the activity not credible given Constant's extended period of illnesses and injuries, the limited number of tournament appearances, and his work as a golf instructor which preempted his ability to participate in tournaments or further develop his skills. Furthermore, we believe that the potential profitability from the sponsorship agreements was not a motivating factor in Dr. DeMattia's decision to retire from his dental practice. For example, Dr. DeMattia admitted that Government regulations and employee issues had rendered his day-to-day operations less enjoyable. Given this testimony, we find that Dr. DeMattia's retirement is not evidence of a profit motive towards the sponsorship agreement. This factor supports respondent's determinations. 4. Expectation That the Assets Will Appreciate in Value "Profit" encompasses appreciation in the value of the assets. Sec. 1.183-2(b)(4), Income Tax Regs. Therefore, in evaluating a taxpayer's intent, we also look to the taxpayer's expectation that the assets used in the activity may appreciate in value. Traditionally, the potential for asset appreciation is associated with land and other tangible assets. Here, petitioners argue that there is some potential for the value of the sponsorship agreements to increase. This argument is basedPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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