Philip L. Firetag - Page 13




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               Respondent relies principally on Rankin v. Commissioner,                
          T.C. Memo. 1996-350, affd. 138 F.3d 1286 (9th Cir. 1998), to                 
          support his determination applying section 481.  In Rankin, the              
          taxpayer, who used the cash receipts and disbursements method of             
          accounting, was a bail bondsman associated with an insurance                 
          company surety.  The bonds were contracts between the criminal               
          defendant, the State, and the insurance company.  The insurance              
          company was principally liable to the State if the defendant                 
          failed to appear at trial and the bond was forfeited or a late               
          fee was charged.  However, the taxpayer had a contract with the              
          insurance company under which the taxpayer would indemnify the               
          insurance company for the amount of any forfeited bonds or late              
          fees.  The taxpayer collected 10 percent of the face amount of               
          the bond as a fee, paid a portion of the fee to the insurance                
          company, deposited a portion of the fee into a specific account              
          known as the Build Up Fund or BUF account, and kept the                      
          remainder.  The BUF account served as security for the taxpayer’s            
          promise to indemnify the insurance company.  The amount                      
          accumulated in the BUF account was a percentage of the amount of             
          the outstanding bonds.  The insurance company functioned as                  
          trustee of the BUF account and had the sole power to withdraw                
          funds from the BUF account but could use any withdrawn funds only            
          to satisfy the taxpayer’s indemnity obligations.  The insurance              
          company gave the taxpayer the option of indemnifying from the BUF            






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