Raymond L. Monk, Jr. - Page 8




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          how to classify the friendly and informal arrangement that Monk             
          and Maney had reached.  First, we keep the parties’ own intent              
          foremost in our consideration.  Commissioner v. Culbertson, 337             
          U.S. 733, 742 (1949); Nelson v. Seaboard Sur. Co., 269 F.2d 882,            
          887 (8th Cir. 1959).  Second, we follow the principle that “State           
          law determines the nature of property rights, and Federal law               
          determines the appropriate tax treatment of those rights.”                  
          Knight v. Commissioner, 115 T.C. 506, 513 (2000) (citing United             
          States v. Natl. Bank of Commerce, 472 U.S. 713, 722 (1985),                 
          United States v. Rodgers, 461 U.S. 677, 683 (1983), and Aquilino            
          v. United States, 363 U.S. 509, 513 (1960)).                                
               First off, we need to decide whether Monk and Maney’s                  
          initial agreement can be construed as a valid attempt to create a           
          lease under Maryland law.  Maryland law defines a lease as “any             
          oral or written agreement, express or implied, creating a                   
          landlord and tenant relationship, including any ‘sublease’ and              
          any further sublease.”  Md. Code Ann., Real Prop. sec. 1-101(h)             
          (LexisNexis 2003).  The terms “landlord” and “tenant” are very              
          broadly defined to include “any landlord” and “any tenant.”  Id.            
          sec. 1-101(g), (m).  And it is clear to us that there was a set             
          monthly rent that Maney paid to Monk and the allocation of                  
          maintenance and repair expenses was understood and followed by              
          each of them.  We therefore specifically find that Monk and Maney           
          had a valid oral lease.  And we have previously held that valid             







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