Reed Smith Shaw & MClay, William J. Smith, Tax Matters Partner - Page 25

                                       - 25 -                                         
             had sustained the Commissioner's determination that the                  
             contribution was untimely because it found "no evidence                  
             to show that delivery of the check to the Trustee occurred               
             on or prior to the expiration of the statutory period on                 
             March 1, 1946."  Dick Bros., Inc. v. Commissioner, 18 T.C.               
             at 835.  The Court of Appeals reversed this Court and held               
             that                                                                     

                  proof that the letter and check were given to                       
                  Dick on the fifty-ninth day, when there remained                    
                  ample time for the check to be delivered to the                     
                  Trustee, either personally or in the ordinary                       
                  course of the mails, within the sixty day limit,                    
                  gave rise to a presumption that they were so                        
                  delivered.  Since there is no evidence in the                       
                  record in the slightest degree inconsistent with                    
                  this presumption, it must stand, and the taxpayer                   
                  is entitled to the deduction.                                       

             Dick Bros., Inc. v. Commissioner, 205 F.2d at 66.  Thus,                 
             the Court of Appeals utilized a presumption "'that every                 
             man, in his private and official character, does his duty,               
             until the contrary is proved'".  Id. (quoting Bank of the                
             United States v. Dandridge, 25 U.S. (12 Wheat.) 64, 69                   
             (1827)).                                                                 
                  The Court of Appeals also found that the employer                   
             "delivered the check to the [pension] Committee and the                  
             latter gave it to Dick 'for delivery' to the Trustee."                   








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