Article: A point of no return.(fraudulent filing)

Is filing of a return required for a conviction of false return preparation? A recent case held it was not.

Linda Borden of Florida was convicted by a federal jury in March 2007 of 27 counts of preparing or presenting false or fraudulent returns under IRC section 7206(2). However, she asked the court to enter an acquittal with respect to one of those counts relating to a return prepared for a client, Brian White. Borden delivered the return to White, but he decided not to file it because he believed it to be incorrect. After his wife accidentally mailed it to the IRS, White contacted the IRS and requested that the return not be processed, and the IRS acquiesced.

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