HILL, Circuit Judge.
The appellant, C. George Swallow, was indicted, tried and convicted on two counts of wilfully attempting to evade his income tax for the years 1953 and 1954, by filing false and fraudulent income tax returns.
Swallow and one Hershfield, early in 1953, organized the Industrial Gas Company, formed to develop oil and gas properties. Each became an officer of the company and it was agreed each would draw a salary...
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