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Ex. LAW-021 Legal authority Primary source read

Welch v. Helvering, 290 U.S. 111 (1933)

Welch v. Helvering, 290 U.S. 111 (1933)

Supreme Court of the United States (Legal authority)

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Level
Legal authority
Authority
Welch v. Helvering, 290 U.S. 111 (1933)
Issued
1933-11-06 Nov. 6, 1933
In force
Nov. 6, 1933 (no end date recorded; counted as in force for 120 days)
Character
case

Operative words

His ruling has the support of a presumption of correctness, and the petitioner has the burden of proving it to be wrong. (Welch at 115)... To rebut the presumption, the taxpayer must establish by a preponderance of the evidence that the determination is arbitrary or erroneous. (Delaney at 671)... In a situation in which both parties have satisfied their burden of production by offering some evidence, then the party supported by the weight of the evidence will prevail regardless of which party bore the burden of persuasion, proof or preponderance. * * * Therefore, a shift in the burden of preponderance has real significance only in the rare event of an evidentiary tie. (Knudsen at 188, quoting Blodgett v. Commissioner, 394 F.3d 1030, 1039 (8th Cir. 2005))

Notes

Section 7491(a) is confined to subtitle A and B taxes and is not cited in an employment-tax matter (prior rulings).