Philip L. Firetag - Page 19




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          balances in his three accounts by a combined total of $104,063.              
          In other words, in each year the bonding fees that petitioner                
          deferred reporting exceeded the amount reported.  The instant                
          case involves the systematic, consistent treatment of a                      
          significant item, not a posting or computational error.  See sec.            
          1.446-1(e)(2)(ii)(b), Income Tax Regs.  Petitioner’s treatment of            
          the deposits was not “error” within the meaning of this                      
          regulation.                                                                  
          Petitioner’s Additional Arguments                                            
               Petitioner presents numerous additional arguments, none of              
          which are persuasive.  Petitioner directs his first argument to              
          the Charleston County Court account only and argues that, because            
          the receipt of fees and the subsequent deposit of moneys into the            
          account were interrelated, the receipt of amounts deposited was              
          of “no moment”, and petitioner was not required to include it in             
          income.  Petitioner is wrong on the facts.  Petitioner was                   
          required to maintain deposits with the Clerk of Court of                     
          Charleston County in the amount of 25 percent of outstanding                 
          bonds.  He collected as a fee 10 percent (sometimes less) of each            
          bond he wrote.  There was no relationship between the deposits               
          and the fees.  There was no requirement that petitioner pay a                
          percentage of the fees he collected into the Charleston County               
          Court account, unlike the taxpayers in Sebring v. Commissioner,              
          93 T.C. 220 (1989), and Rankin v. Commissioner, T.C. Memo. 1996-             






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