- 7 - The IRS mailed Monk notices of deficiency for both years. Monk timely filed petitions, the cases were consolidated, and trial was held in Baltimore. Monk was a resident of Maryland when he filed. OPINION The Commissioner claims that Monk’s original position on his tax returns for 1994 through 2002--i.e., that Chuck’s Place was his own Schedule C sole proprietorship--was an admission by Monk and so is the proper way to classify his interest in the bar. In support, she points out that it is Monk’s name that was stated as the bar’s owner on the liquor license and lottery paperwork. Monk was also the only person originally named on the bar’s only bank account; even now, Maney’s name is on that bank account not as an owner, but only as someone with signatory authority. Finally, it was Monk who submitted the bar’s gross income and losses to the IRS, not Maney. Monk changed his position only after the audit began. Each of these points supports the Commissioner’s view that Monk actually owned Chuck’s Place, although maybe as a joint venture or partnership with Maney rather than a sole proprietorship.7 But we look at all the facts together to decide 7 Characterizing any potential ownership interest as a sole proprietorship would mean classifying Monk and Maney’s relationship as that of employer/employee. Nothing in the record supports this.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: March 27, 2008