Fw: Tea - Jurisdiction
- From Steven Beresford:
Pass this around. It is a major S.Ct. ruling on jurisdiction.
Jurisdiction, once challenged, must be proven; not by the court but
by the party attempting to assert it. The burden of proof lies on
the asserter. For example, if you formally challenge the
jurisdiction of the IRS over you, your job, and your possessions, the
IRS must formally prove it. If they can't prove it, their failure to
do so creates the legal presumption that you are not under their
jurisdiction and are therefore not subject to them. Jurisdiction can
be challenged any time, any place, such as a demand for payment, or a
due process hearing, or in court.
McNutt v. GMAC, 298 U.S. 178 (1936)