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ALLNUTT v. STATE

No. 1588 September Term, 1983.

59 Md. App. 694 (1984)

478 A.2d 321

FRED W. ALLNUTT, SR. v. STATE OF MARYLAND.

Court of Special Appeals of Maryland.

July 17, 1984.

Attorney(s) appearing for the Case

James L. Mayer, Columbia, with whom were Mayer & Williams, P.A., Columbia, on the brief, for appellant.

Carmina Hughes, Asst. Atty. Gen., with whom were Stephen H. Sachs, Atty. Gen., of Maryland, Richard B. Rosenblatt, Asst. Atty. Gen., William R. Hymes, State's Atty., for Howard County and Charles Burton Frey, Asst. State's Atty., for Howard County on the brief, for appellee.

Argued before GILBERT, C.J., and GETTY and BELL, JJ.

GILBERT, Chief Judge.

The State believes that it has the right to require that taxes be paid in the generally accepted United States currency — Federal Reserve Notes. Fred W. Allnutt, Sr., a Maryland resident, thinks the State may not collect taxes except in gold or silver specie. Allnutt reasons that since that form of currency does not exist, taxes, while due, cannot be constitutionally paid.

A twelve person jury in the Circuit Court for Howard County...

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