OPINION
CHOY, Circuit Judge:
Appellants Alice and Virgil Keller were convicted by a jury on three counts of wilfully and knowingly attempting to evade income taxes, for the years 1967, 1968, and 1969, in violation of 26 U.S.C. § 7201. We reverse as to the 1967 count and affirm as to the 1968 and 1969 counts.
The Kellers owned and operated two drive-in restaurants and a catering business in Yakima, Washington. They also dealt in a few real estate...
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