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should have been reporting his income from the bar as nothing
more than rent. “Taxation * * * is eternally lively; it concerns
nine-tenths of us more directly than either smallpox or golf, and
has just as much drama in it; moreover, it has been mellowed and
made gay by as many gaudy, preposterous theories.”1
We must decide, in this lively controversy, whether Monk was
merely a landlord or whether, as the Commissioner implies, this
is just another gaudy, preposterous theory.
FINDINGS OF FACT
Raymond Monk has dabbled over the years in a variety of
businesses, including drywall installation, plumbing, running a
delicatessen, and even raising rabbits. He’s also invested in
more than a half dozen pieces of commercial real estate in and
around Baltimore. In all but one of these rental arrangements,
Monk declined to draft written leases, relying instead on “you
pay, you stay” oral agreements.2
Charles (Chuck) Maney met Monk more than twenty years ago
when Monk was dating his sister. Their friendship grew and Maney
went to work for Monk in both his plumbing and drywall
businesses. When Monk decided to retire from construction, Maney
1 H.L. Mencken, “The Dismal Science,” Smart Set, June 1922,
at 42.
2 Monk has only one written lease in his entire portfolio--
with a tenant who demanded formal documentation to maintain a
liquor license.
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Last modified: March 27, 2008