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Jury Instruction - Net Worth Method

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The document outlines the 'net worth method' used by the government to prove unreported income. It explains how a person's net worth is calculated as the difference between total assets and liabilities, and how increases in net worth during a taxable year can infer unreported taxable income. The document emphasizes the importance of accurately establishing the starting net worth and the government's duty to investigate plausible explanations for any discrepancies. If evidence does not support a reasonable certainty of the defendant's initial net worth or if the government fails to investigate adequately, the defendant should be found not guilty.

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What does charges the jury mean?

The judge reads the instructions to the jury. This is commonly referred to as the judges charge to the jury. In giving the instructions, the judge will state the issues in the case and define any terms or words that may not be familiar to the jurors.

What does instructions to the jury mean?

Jury instructions tell the jury what the laws are that govern a particular case. Each attorney gives the judge a set of proposed jury instructions. The judge considers each instruction and gives the one that properly states the law that applies to the case.

What is the difference between a jury charge and a jury instruction?

The judge issues a judges charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true. Put another way, If you believe A (set of facts), you must find X (verdict).

What is an example of jury instructions?

(1) Members of the jury, now it is time for me to instruct you about the law you must follow in deciding this case. (2) I will start by explaining your duties and the general rules that apply in every criminal case. (3) Then I will explain the elements of the crimes that the defendant is accused of committing.

What are the typical elements of jury instructions?

Jury instructions should ideally be brief, concise, non-repetitive, relevant to the cases details, understandable to the average juror , and should correctly state the law without misleading the jury or inviting unnecessary speculation.

What do jury instructions proposed mean?

In proposing jury instructions, the parties have an opportunity to persuade the trial court to present their view of the law or theory of the case. In this respect, crafting and proposing instructions requires a deep under- standing of the governing law, as much so as argu- ing a summary judgment or post-trial motion.

What is the net worth method?

Net Worth Method Generally The theory of the net worth method is that if an individual has more wealth at the end of a given year than at the beginning of that year, and the increase is not from non-taxable sources such as a gift, loan, or inheritance, then the amount of the increase is taxable income for that year.

What is the jury instruction 3903C?

CACI 3903C allows plaintiff to recover damages for past (and future) lost earnings if plaintiff proves the amount of income/earnings/salary/wages [choose those that apply] that plaintiff has lost to date (or will be reasonably certain to lose in the future) as a result of the injury.

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