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It can be a good idea to file old returns, at least from the past six years. If you voluntarily file your old tax returns before the IRS notifies you that you are under criminal investigation, the IRS will usually not prosecute you criminally for your original failure to file those tax returns. For more information, see Stand Up to the IRS, by attorney Frederick W. Daily. It includes a chapter on what to do if you haven't filed, as well as a chapter on tax fraud and crimes.