Philip L. Firetag - Page 18




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               Petitioner next relies on another provision of the same                 
          regulation, which states:  “A change in method of accounting does            
          not include correction of mathematical or posting errors, or                 
          errors in the computation of tax liability”.  Sec. 1.446-                    
          1(e)(2)(ii)(b), Income Tax Regs.  Petitioner argues that the                 
          accounting treatment of the deposits was not a method of                     
          accounting but mere error, relying on Korn Indus., Inc. v. United            
          States, 209 Ct. Cl. 559, 532 F.2d 1352 (1976).  In Korn Indus.,              
          the taxpayer manufactured furniture.  The taxpayer used separate             
          inventories for raw materials, work-in-process, supplies, and                
          finished goods.  There were 14 kinds of material in the finished             
          furniture; e.g., lumber, mirrors, glue, nails.  During the years             
          in issue, 3 of the 14 materials costs had not been included in               
          the finished goods inventory, although they were included in the             
          other three inventories.  When the taxpayer later took account of            
          the three materials costs, the Government claimed there was a                
          change in accounting method, but the court found that the                    
          taxpayer had merely corrected an error.  In the instant case,                
          petitioner’s “mistakes” are much more egregious and of a                     
          different nature.  In 1992, petitioner reported gross receipts               
          from his business as a bail bondsman of $80,456, and increased               
          the balances in his three accounts by a combined total of                    
          $90,727.  In 1993, petitioner reported gross receipts from his               
          business as a bail bondsman of $100,467 and increased the                    






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