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Author: TMFExRO Big red star, 1000 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 121482  
Subject: Re: Getting a tax refund/ need help! Date: 12/16/2000 12:49 PM
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This is my scenario: my wife has a federal student loan and when she was single the IRS would hold back her refund inorder to pay her loan. But now she does not work and my income pays all our bills and loans. We have been making regular payments to her student loan. I plan to file a joint return this year. Because the loan is not in my name and because I have been paying it regularly will the IRS have the authority to keep my refund and if so is there a legal tax loop that I can use to escape this entrapment.

The fact that you've been paying the loan doesn't make it your liability. You are what's called an "injured spouse." (Don't confuse this with innocent spouse.) You need to attach Form 8379 with your joint return.

TMF ExRO
Phil Marti
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