UNITED STATES OF AMERICA,                                         v. KENNETH E. MCDONALD, JR.,                   Defendant.

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FILED: February 20, 2004 Case No. 6:04-CR-27-ORL-18-DAB 26 U.S.C. § 7201

The United States, through its attorneys, charges:

On or about April 15, 1999, in Ormond Beach, Florida, in the Middle District of Florida and elsewhere,

the defendant herein, did willfully attempt to evade and defeat a large part of the income tax due and owing by him to the United States of America for the calendar year 1998, by preparing and causing to be prepared, and by signing and causing to be signed, a false and fraudulent U.S. Individual Income Tax Return, Form 1040, which was filed with the Internal Revenue Service, wherein he stated that his taxable income for said calendar year was the sum of $44,355.00, and that the amount of tax due and owing thereon was the sum of $7,405.00, whereas, as he then and there well knew and believed, his taxable income for the said calendar year was the sum of $112,972.00, upon which said taxable income there was owing to the United States of America an income tax of $37,463.00.

All in violation of Title 26, United States Code, Section 7201.

Dated this      19      day of      February     , 2004.