KNOCH, Circuit Judge.
Defendant, Orlando P. Colamatteo, was indicted on April 12, 1961, on charges of attempting to evade and defeat part of the income tax due from his wife and himself for the year 1954. The indictment charged that the joint net income of defendant and his wife was $65,695.17, and that the tax owed thereon was $27,367.02.
Defendant moved to dismiss this indictment on the ground that if the government could prove receipt of the income allegedly...
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