17555Re: Burden Of Proof
- Mar 1, 2010The judicial requirements of Due Process place the burden of proof on the movant to evidence the court has jurisdiction of the question presented in the pleading. It is also a requirement for the movant to allege and evidence the defendant had a duty beholding to the movant. A couple of cases applying the principals to tax issues include Speiser v Randall, 357 U.S. 513, 529 (1958)and Spreckles Sugar v McClain, 192 U.S. 397. Shepardizing the cases, and following the headnote key numbers in the Federal Digest system, can readily locate additional cases.
- << Previous post in topic