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purpose of complying with the provisions of this
paragraph to civil representatives of the Internal
Revenue Service. This agreement does not preclude Mr.
Boettner from pursuing any appeal rights he may have
civilly with respect to any tax liability.
Petitioner was also required to resign his position with the West
Virginia Senate.
On August 30, 1989, petitioner pleaded guilty to tax evasion
for the taxable year 1985 in violation of section 7201. On
December 14, 1989, the District Court for the Southern District
of West Virginia issued the order of conviction based upon
petitioner's plea of guilty of one violation of section 7201 (tax
evasion). Such order was entered only after a lengthy discussion
with petitioner which included, inter alia, his understanding of
the charge against him, the ramifications of his entering a
guilty plea as opposed to going to trial, whether his guilty plea
was a voluntary one, and whether he was satisfied with the
competency of his counsel, as per rule 11 of the Federal Rules of
Criminal Procedure. Pursuant to the order, petitioner was placed
on probation. As one of the conditions of the probation, it was
ordered:
2. Pursuant to his plea agreement promise, the
defendant shall file an amended federal income tax
return for the calendar year 1985 and shall pay the
income tax determined to be due and owing, plus
interest and penalties, in payments of not less than
$100.00 per month commencing February 1, 1990.
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