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Fw: Tea - Jurisdiction

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  • jm367@bellsouth.net
    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
    Message 1 of 1 , Apr 3, 2004
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      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)

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