MAJOR, Chief Judge.
In each count of a five-count indictment returned May 5, 1948, it was charged that the defendant "did wilfully and knowingly attempt to defeat and evade a large part of the income tax due and owing by him to the United States of America * * * by filing and causing to be filed with the Collector of Internal Revenue * * * a false and fraudulent income tax return. * * *." Each of the counts was predicated upon Title 26 U.S.C.A. § 145(b) (Internal...
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