Court of Appeals for the Fifth Circuit December 4, 1989, 88-4886 (United States v. Bobby M. Smith)

LITTLE, District Judge:

The conviction of Bobby M. Smith of one of four counts of tax evasion prompts this appeal. We AFFIRM the conviction.

BACKGROUND

Smith was convicted of the willful attempt to evade the payment of income tax for calendar year 1983. Specifically, the count of the indictment upon which Smith was convicted provides in part:

That on or about July 16, 1989, ... Bobby M. Smith ...