More precisely, the IRS does not bring cases in federal court that it expects to lose. The IRS does not toss criminal indictments around like candy.
Basically, if your case rises to the criminal level, you're screwed. The confusion I'm seeing on this thread simply involves people not understanding how often it happens, which is rarely.
My sole concern with this apparent new requirement, if true, is it will cause me, a guy who has not nor ever intends to defraud the government, to have to keep an ever-increasing stack of boxes containing paper indefinitely - just in case.
Nothing thats been said here changes that.