- 18 -
on petitioners' interpretation of the sponsorship agreements.
Dr. DeMattia testified that both he and Constant contemplated
that Dr. DeMattia's right to a portion of his son's earnings
would continue indefinitely. Hence, any future success by
Constant would inure to Dr. DeMattia. Respondent contends that
there is no evidence which indicates that the sponsorship
agreements will appreciate in value over time or that the
sponsorship agreements cover Constant's future tournament
earnings.
As an initial matter, the record does not support
petitioners' interpretation of the sponsorship agreements.
Constant testified that he had not given much thought to whether
or not each sponsorship agreement entitled his father to
Constant's future earnings. Moreover, each sponsorship
agreement's coverage is limited to the corresponding "calendar
year". As to Constant's transition into professional golf, the
evidence does not establish that Constant was attaining any
modicum of success and consequently that the sponsorship
agreements had any inherent value. Constant testified that he
played in three or four different tours9 in 1992, with only one
PGA tournament appearance at the 1992 Canadian Open. However, no
evidence was presented on the numbers of individual tournaments
9 A tour consists of a series of tournaments that are
played throughout the country.
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