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Carolina, prior to and during the years in issue, in connection
with his activities as a professional bail bondsman. We shall
hereinafter refer to these savings accounts and certificates of
deposit held by the Charleston County Clerk of Court as the
Charleston County Court account. At no point during the years in
issue, or in any year prior thereto, were funds from the
Charleston County Court account used to satisfy a forfeiture.
Petitioner received any interest earned on the funds in the
Charleston County Court account.
Petitioner also kept two other accounts, one with respect to
the U.S. District Court and another which the parties refer to as
the “in-house account”. The record does not establish what
provisions of law or contract terms governed the U.S. District
Court account.4 In particular, the record does not disclose
under what schedule petitioner was required to deposit, or was
entitled to return of, amounts in the U.S. District Court
account.
As for the in-house account, it was not required by any law
or contract. It was established at the suggestion of
petitioner’s father, a bookkeeper, who kept petitioner’s books
and prepared his tax returns. All fees collected by petitioner
4 In his opening statement at trial, petitioner’s counsel
indicated that no statute governed the U.S. District Court
account, and that an amount equal to the entire face value of the
bond was required to be deposited therein. However, no evidence
was adduced regarding the foregoing.
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