Raymond L. Monk, Jr. - Page 9




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          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), we             







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