GAGLIARDI, District Judge:
On April 16, 1974 a two count indictment was filed charging Benjamin Rodriguez with attempting to evade payment of income tax for the year 1967, 26 U.S.C. § 7201, and with filing a materially false income tax return for the same year, 26 U.S.C. § 7206(1). After a twelve day jury trial in the United States District Court for the Southern District of New York before Robert L. Carter, J., Rodriguez was found guilty on both counts...
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