Payroll Conspiracy Case: Jury Gets Income Tax Case
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In the story “Payroll Conspiracy Case: Jury Gets Income Tax Case” it is worth noting that the judge informed the jury to “…. that the law requires a taxpayer to go by the fair market value of such coins for tax purposes, not the much lower face value.” The writer of the article then states “But jurors must decide if Kahre and two others charged in the payroll conspiracy knew about that requirement and still chose to disobey it, which would form a criminal intent.” What is omitted likely intentionally by the judge a either intentionally or ignorantly by the writer of this story is the common law power of a jury: Jury Nullification. This inherent jury power that judges rarely cite, empowers the jury to disregard any instructions of the judge. In fact, what a judge should correctly do is inform the jury of this power and exactly what it entails. The central power of a jury is to not only render a verdict of innocence or guilt, but to also judge whether a law is valid or not. If they morally disagree with a law and judge it invalid, then no evidence presented, no matter how compelling, would convict a defendant.
My vote is that a $50 gold coin is worth $50 and a $1 silver coin is worth $1. I hope this jury see this the same way.