JOHN L. MILLER, District Judge.
The defendant, Joseph Frank, was tried and convicted under an indictment in one count for wilfully and knowingly attemping to defeat a large part of the income tax due and owing by him and his wife for the year 1948. In the indictment it is averred that defendant, in violation of section 145(b), 26 U.S.C.A. (I.R.C.1939), filed a fraudulent joint return for himself and his wife showing a net income for 1948 of $6,433.89 and a tax due...
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