- 28 - attention span had lessened, that his desire and ability to play golf had lessened, and that Elvin, at times, apparently had trouble concentrating and remembering. After the brain tumor was removed, Elvin's ability to make business decisions and to manage business and financial matters was not impaired. During the past 7 to 8 years, Elvin has continued to be responsible for overall and day-to-day management and operations of YOC, and YOC has continued to constitute a successful business. Criminal Tax Proceedings On November 4, 1985, Elvin was advised that he was under criminal investigation for filing false Federal income tax returns. In late 1990 or early 1991, after completion of a criminal tax investigation by respondent of both Elvin and of YOC, Elvin was indicted for willfully attempting to evade payment of his personal Federal income taxes for 1983, 1984, 1985, and 1986 in violation of section 7201, and for willfully aiding and assisting in the preparation of false and fraudulent corporate Federal income tax returns of YOC for 1983, 1984, 1985, and 1986 in violation of section 7206(2). On January 2, 1991, Elvin pled guilty to one count each of the above criminal charges, both for 1983. As part of the plea agreement, the other criminal charges against Elvin with regard to 1984, 1985, and 1986 were dismissed. With regard to Elvin's plea for 1983 under sections 7201 and 7206(2), the plea agreement contains the following language:Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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