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Section 7206 establishes the tax crime of false or fraudulent statements to the IRS. § 1001 (false statements), and 26 U.S.C. § 7212(a) (obstruction of IRS), however, if technical defenses are likely to be raised to § 7206(1).In order for a taxpayer to be found guilty of fraud or false statement under section 7206 (1), the taxpayer has to actually file the false IRS document. When a person willfully makes a fraudulent or false statement regarding their taxes –they may become subject to tax fraud charges under 26 USC 7206. (26 U.S.C. 7212(a)); tax preparer refund schemes; or perjury, conspiracy, false statements, obstruction or fraud related to a tax matter before the IRS. (B) Withholding, falsifying, and destroying records. Third, in filing the false tax return, the defendant acted willfully. Failure to File a Tax Return, 26 U.S.C. § 7203. 4.26.7206.