26 U.S.C. Sec. 7203 FAILURE TO FILE TAX RETURN — ELEMENTS is a section of the United States Internal Revenue Code which outlines the elements and penalties for failure to file a federal tax return. This statute outlines the elements of a criminal offense for taxpayers who do not file their tax returns on time. The elements of this offense are: 1. Willful Failure to File: The taxpayer must have willfully failed to file a return or return information. 2. Taxpayer’s Duty to File: The taxpayer must have had the duty to file a return or return information. 3. Penalty for Filing Late: If the taxpayer has failed to file a tax return on time, the taxpayer may be subject to a penalty or fine. 4. Criminal Intent: The taxpayer must have had the intent to willfully evade or avoid filing a tax return or return information. Under this section, if a taxpayer is found guilty of willfully failing to file a federal tax return or return information, they could face criminal penalties, including fines, imprisonment, or both.