BONE, Circuit Judge.
Our opinion in this case filed August 20, 1952 is hereby set aside and the following opinion is substituted.
Appellant was indicted on three counts of attempting to defeat and evade income tax in violation of 26 U.S.C.A. § 145(b). After receiving a Bill of Particulars concerning each count, appellant entered a plea of not guilty. Upon trial, appellant was acquitted on Counts I and II upon his motion for a directed verdict of acquittal...
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