Philip L. Firetag - Page 9




                                        - 9 -                                          
               Petitioner, as an accrual method taxpayer with respect to               
          his business, was required to include in gross income of the                 
          business amounts deposited into the Charleston County Court                  
          account when he acquired the fixed right to receive those                    
          amounts.  As in Stendig v. United States, supra, this occurred               
          when the amounts were received from his clients, even though some            
          of the proceeds may have been required to be deposited with a                
          third party.  The situation is virtually identical with the facts            
          in Stendig.  Like the partnership in Stendig, petitioner                     
          collected receipts and was required to deposit a portion of them             
          as a necessary condition of doing business.6  Like the                       
          partnership in Stendig, petitioner did not have access to the                
          funds while they were on deposit (except for interest earned),               
          but the funds would ultimately be his; i.e., the deposits would              
          inure to petitioner’s benefit.  The amounts on deposit either                
          would be returned to him because the level of outstanding bonds              
          had been reduced or would be used by the clerk toward                        
          satisfaction of petitioner’s obligation under a bond.  See                   
          Commissioner v. Hansen, supra at 466.  Therefore, we find that               
          petitioner was required to include in gross income the amounts               
          deposited into the Charleston County Court account in the year               
          received from clients.                                                       


               6 Petitioner argues that in his case the deposits were                  
          required by law rather than by contract.  This is irrelevant.  In            
          either case, the deposits were necessary to do business.                     





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011