Philip L. Firetag - Page 5




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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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