HOLLOWAY, Chief Judge.
Defendant Hayes was charged in a two count indictment with willful income tax evasion, a violation of 26 U.S.C. § 7201 (1982). The jury acquitted him of the charge contained in count I, but found him guilty on count II of the lesser included offense of willful failure to file an income tax return for 1981, a violation of 26 U.S.C. § 7203 (1982).
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