San Jose California Jury Instruction — 10.10.6 Section 6672 Penalty refers to a specific legal instruction provided to juries in San Jose, California, regarding the penalties associated with Section 6672 of the Internal Revenue Code. This instruction is relevant in cases involving potential violations of Section 6672, which deals with the penalty for willful failure to collect, account for, and pay over certain taxes. Section 6672 of the Internal Revenue Code imposes a penalty on individuals who are responsible for collecting and paying certain federal taxes, such as income and employment taxes, but willfully fail to do so. This instruction clarifies the penalties that can be incurred under this section and helps the jury understand the legal consequences that may apply to the defendant. The San Jose California Jury Instruction — 10.10.6 Section 6672 Penalty can encompass different variations or elements based on specific situations. Here are some possible types or aspects of this instruction: 1. Willful failure to collect and pay over taxes: This instruction may outline the penalties for individuals who knowingly and intentionally fail to collect and remit specific taxes to the appropriate government authorities as required by law. 2. Responsible person determination: In cases involving Section 6672 penalties, this instruction may include guidance on determining the "responsible person" who can be held personally liable for the tax obligations of an entity, such as a corporation or organization. 3. Knowledge and intent requirements: The instruction may cover the elements of knowledge and intent necessary to establish a willful violation of Section 6672, highlighting that mere negligence or accidental non-compliance may not be sufficient grounds for imposing penalties. 4. Calculation of penalties: This instruction may explain how the penalties are calculated under Section 6672, which typically involve imposing a penalty equal to the unpaid tax amount. 5. Civil vs. criminal penalties: The instruction could also differentiate between civil penalties, which involve monetary sanctions, and potential criminal penalties, which can entail fines, imprisonment, or both, depending on the severity of the violation. It is important to note that the specific content and wording of the San Jose California Jury Instruction — 10.10.6 Section 6672 Penalty may vary based on the court, case circumstances, and applicable laws. As such, it is crucial for jurors to pay careful attention to the specific instructions provided by the judge during the trial.