- 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."Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011