MARSH, District Judge.
The defendant was convicted of two counts of income tax evasion for the years 1950 and 1951 under § 145(b) of the Internal Revenue Code of 1939, 26 U.S.C.A. § 145(b). Decision was reserved upon a motion for judgment of acquittal. After review of the record and exhibits, in the court's opinion the evidence was insufficient to sustain the conviction and the motion should have been granted.
The defendant was engaged in the restaurant...
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