- 9 - oral leases can be used to claim rental deductions. See Lim v. Commissioner, T.C. Memo. 1998-432; Wy’East Color, Inc. v. Commissioner, T.C. Memo. 1996-136. The issue then becomes whether this particular oral lease was merely a formality or had real substance. On this issue, we find that the lease did reflect reality. One of its terms, remember, was that Monk would be responsible for any repairs on the outside of the building while Maney would be responsible for any repairs on the inside--the “swing-in, swing-out” cost allocation. Rather than have Maney submit bills to him for any external work done, Maney would pay for it up front and subtract the amount paid from that month’s rent. We find both Monk’s and Maney’s testimony credible on this point and also find that this is in fact what happened. There is ample evidence in the Dome Book that the insurance was split along the same lines, with Maney paying Monk (in addition to the monthly rent) that portion of the insurance attributable to the inside of the premises. Both these practices show that the relationship between Monk and Maney was that of landlord and tenant. Even more telling, however, is that Monk’s financial interest--which consisted primarily of his monthly rent payment-- wasn’t tied to the profits or losses of Chuck’s Place. In University Hill Foundation v. Commissioner, 51 T.C. 548, 568-69 (1969), revd. on other grounds 446 F.2d 701 (9th Cir. 1971), wePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: March 27, 2008