Florida Jury Instruction — 10.10.6 Section 6672 Penalty is an important legal instruction often given to juries in Florida courts. This instruction provides guidance on determining penalties under Section 6672 of the Internal Revenue Code (IRC). Below is a detailed description of what this instruction entails. Section 6672 of the IRC focuses on the penalty for willful failure to collect, account for, or pay over taxes withheld from employees' wages. This penalty is primarily applicable to individuals who are responsible for collecting and paying federal payroll taxes on behalf of a business entity. The Florida Jury Instruction — 10.10.6 Section 6672 Penalty usually covers the following key aspects: 1. Elements of the offense: This instruction helps the jury understand the specific elements that must be proven to establish an individual's liability under Section 6672. It may include elements such as willfulness, responsible person status, and failure to collect or pay over taxes. 2. Willfulness: The instruction explains that the penalty under Section 6672 requires a finding of willful intent, meaning that the responsible person knowingly chose not to comply with their tax obligations. Willfulness is a crucial factor in determining the severity of the penalty. 3. Responsible person status: The instruction defines a responsible person as someone who has the duty and authority to ensure payment of payroll taxes. It clarifies that multiple individuals may be considered responsible persons, and each can be held individually liable for the penalty. 4. Failure to collect or pay over taxes: The instruction outlines that liability under Section 6672 arises when a responsible person willfully fails to collect or truthfully account for and pay over federal payroll taxes. It may include examples and scenarios to aid the jury in understanding this requirement. The Florida Jury Instruction — 10.10.6 Section 6672 Penalty is crucial in cases involving potential tax evasion or non-compliance with payroll tax responsibilities. By providing this instruction, the court ensures that the jury fully grasps the legal requirements and principles behind Section 6672, enabling them to make an informed decision. Different types of Florida Jury Instruction — 10.10.6 Section 6672 Penalty may exist depending on the specific circumstances of the case. Each case may have unique facts and elements that the instruction needs to address, such as particular evidence presented or legal arguments made by the defense or prosecution. Therefore, while the core principles of the instruction remain consistent, variations may exist in the wording or additional instructions given to the jury. To successfully decide guilt or innocence in cases involving Section 6672 penalties, it is essential for the jury to comprehend the intricacies of this instruction. By providing clear guidance and explanations, the court ensures a fair trial and helps the jurors ensure justice is served.