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Precedents · Commented

CriticalTax litigation

Adding up weak evidence does not make it sufficient to prove substance

Presumption of non-existent transactions covered by tax invoices. If the evidence offered to rebut it is individually dismissed for failing to establish a suitable base fact, it cannot be assessed jointly, since it lacks the potential to support a valid inference.

Official heading (Spanish): PRESUNCIÓN DE INEXISTENCIA DE OPERACIONES AMPARADAS EN COMPROBANTES FISCALES. SI LAS PRUEBAS APORTADAS PARA DESVIRTUARLA SON DESESTIMADAS DE MANERA INDIVIDUAL AL NO ACREDITAR UN HECHO BASE IDÓNEO, NO ES DABLE REALIZAR SU VALORACIÓN CONJUNTA, AL NO TENER EL POTENCIAL DE CONFORMAR UNA INFERENCIA VÁLIDA.

The ruling

The company argued the TFJA failed to analyze its evidence as a whole. The Collegiate Circuit Court held that, against the article 69-B presumption, if each piece is individually dismissed as generic, irrelevant or unconnected, joint assessment does not apply: it presupposes converging base facts, and without them no inference is possible.

Our take

This disables a common amparo argument: "the Chamber did not weigh the evidence as a whole." If no single piece establishes a base fact, the whole adds nothing. The logic is sound: zero plus zero is zero. In practice, each piece must prove something specific, even partially: a delivery, a shipment, a person who performed the service. For the defense, present evidence stating which base fact each item proves and how it connects to the rest.

What to do

  • Present each piece of evidence stating the specific base fact it proves.
  • Drop generic evidence that does not establish a verifiable base fact.
  • Do not rest the amparo solely on lack of joint assessment if individual evidence is weak.

Details

Court
Collegiate Circuit Court
Type
Isolated precedent
Identifier
(II Región)1o.3 A (12a.)
Digital registry
2032642
Published
September 18, 2026
Area
Tax litigation
View official source ↗

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Prepared by Artegia for information only; not legal advice. Headings in English are unofficial translations. The official text is the one published in the Semanario Judicial de la Federación or the TFJA journal.