IRS vs. KUGLIN (Multiple threads merged)

[buzz_knox]

This was a prime example of jury nullification, where they jury favored the defendant over the law.

 

[Waitone]

I'm so glad to see jury nullification is alive and well.

 

[Graystar]

In a criminal case, you cannot retry a verdict of not guilty. Period.

You cannot retry *any* case because of verdict. Period. However, any verdict can be vacated if a party can prove, in an appeal, that a harmful error has occured. Then it would be as if the first trial never happened.

If a prosecution felt that the judge's instructions to the jury prevented them from finding a guilty verdict, they most certainly can appeal the case.

 

[Graystar]

The jury's verdict is correct. Kuglin had laid it out for the IRS years ago and they did nothing about it. A government agent can't just let something that they are aware of slide, and then go back and try to prosecute.

 

[BigG]

She was charged in criminal court of "intent to willfully violate a law."

Govt had to prove beyond a reasonable doubt her willful intent. Very difficult to prove what a person's intent is.

That don't mean she will not get the bejeebers sued out of her in civil court, as was noted, and ultimately be ordered to pay her taxes or lose her assets.

Even de judge (Napolitano) said it wouldn't be wise to try what she did.

 

[AZRickD]

From RockJock:
"the jury acquited Ms. Kuglin was because the IRS did not fulfill their duty to provide evidence of the laws compelling her to pay, NOT that there is not a Constitutional basis for collecting income taxes."

No, the real isse that she was bringing up is that the she asked the IRS to show her what law required her (or us) to pay taxes on wages earned by her. That's all she was asking. The IRS failed to show her what law required her to be liable for "income" taxes because they couldn't.

As for Judge Nappy, what else would one expect from a government employee?

The house of cards just lost the Jack of Diamonds.

Rick