United States v. Monus
United States Court of Appeals for the Sixth Circuit
128 F.3d 376 (1997)
- Written by Steven Pacht, JD
Facts
Michael Monus (defendant) allegedly embezzled money from his employer, Phar-Mor, Inc., via checks paid to the World Basketball League (WBL), in which Monus owned a personal interest. Monus was charged with, among other things, violating 26 U.S.C. § 7206(1) by knowingly not reporting the proceeds of his embezzlement on his 1990 and 1991 tax returns. At trial, Internal Revenue Service agent Bradley Kurzweil testified as an expert witness that, assuming that Monus embezzled funds from Phar-Mor and diverted such funds to the WBL while owning an interest in the WBL, Monus would have had taxable income. The jury convicted Monus of violating § 7206(1). Monus appealed, arguing that Kurzweil improperly usurped the province of the jury and impermissibly opined on a legal question.
Rule of Law
Issue
Holding and Reasoning (Kennedy, J.)
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