Korth v. Zion's Savings Bank & Trust Co.

The judgment below should be affirmed for an additional reason, which to me seems to be worthy of notice. At the trial below the Collector assumed the burden of proof. I reach this conclusion because the Collector introduced his evidence at the beginning of the trial and rested and the Trust Company offered evidence in rebuttal. The court was thus led to believe that the burden was upon the Col-, lector to overcome the presumption that the fair market value of the property was the amount for which .it was bid in by the taxpayer, by clear and convincing proof to the contrary. Helvering v.…