MADDEN, Chief Judge:
This matter is presently before the Court on the defendant's motion to dismiss the Indictment (Criminal No. 10-64) which charges the defendant in three separate counts with wilfully and knowingly attempting to evade the payment of certain income taxes for the respective years of 1957, 1958 and 1959 by the filing of false and fraudulent returns, in violation of Section 7201 of the Internal Revenue Code of 1954, 26 U.S.C.A. § 7201.
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