James M. Rankin and Shirley Rankin - Page 10

                                       - 10 -                                         
          adjustment4 increasing petitioners’ income pursuant to section              
          481(a).                                                                     
               As set forth in our findings above, from 1968 through 1988,            
          petitioner treated the payments made into the BUF accounts as a             
          cost of goods sold, offsetting the gross receipts of his                    
          business.  Petitioner did not deduct from his taxable income                
          disbursements from those accounts to reimburse Associated for               
          losses and expenses incurred as a result of bond forfeitures.  In           
          Sebring v. Commissioner, 93 T.C. 220, 224-227 (1989), we held               
          that payments into BUF accounts were not deductible when made and           
          that deductions are allowed only for disbursements made to                  
          satisfy liabilities.5  We reasoned that payments into the                   
          accounts were “in the nature of a security deposit held for                 
          payment of future liabilities.”  Id. at 226.  Petitioners concede           
          that Sebring controls the tax treatment of payments into and                
          disbursements from petitioner’s BUF accounts and that                       
          petitioner’s prior practice of offsetting payments made into the            
          BUF accounts against gross receipts was incorrect.                          
               We must accordingly consider whether the change that was               
          required by respondent for purposes of bringing the tax treatment           

          4    The amount of the adjustment, $146,499, essentially                    
          represents the Jan. 1, 1988, opening balances of the BUF accounts           
          maintained in connection with petitioner’s bail bond business,              
          less interest accumulations.                                                
          5    The taxpayer in that case, like petitioner, used the cash              
          receipts and disbursements method of accounting.  Sebring v.                
          Commissioner, 93 T.C. 220, 221 (1989).                                      




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