In 1995 my employer and the local good old boys brought this confidence rat into the plant where I worked with my bad back and all. They had him working with us for over a year. During this time he befriended us and he even conned me into growing 6 marijuana plants on this remote acerage they set him up on. Bad enough they did this to me but I brought my wife who only had her green card there to cook out with his wife and 4 kids. So the pot only got about 10 inches high and didn't amount too much. But they charged my wife so I got these two lawyers . The only money that I had was in my 401K. The one lawyer says to me that I should transfer this $34000 to a janus fund out of Colorado. He said that I could withdraw all my money as this was just about the amount needed for mainly my wife's defence, since she didn't know anything about our 6 plants. Soon as they sucked up my cash I got the maximum and my wife will probably be deported. The prison routine finished up my back and I have never been able to work again. During the years 1996, 1997, and 1998 I owed taxes that I only made payments of $5 per month on. Since 1995 we filled taxes married but filling separate, since it was my debt. I was on social security before I got off parole. Last year I did pay the full amount of about $800 for the tax year 1998. I don't make enough to owe any tax on my ss check. I have a tax debt on 1996 and 1997. Now when I figured the difference between filling separately or jointly it's about $1250 more if we file jointly. Can the IRS seize the refund check if we file jointly since the debt is way past 10 years ago? I quit paying the $5 monthly once they were over 10 years in the past. Thanks for any advice

You were "conned" into growing marijuana. Yeah Right. You had to know that was illegal.

But that's not really your question. There is no statute of limitation of tax debt. And yes the IRS can seize your entire refund as long as you are listed on the return.

If the tax debt belongs to you and your wife equally, the IRS will take the refund regardless on how you file.

If the tax debt is just yours, you can use the Injured Spouse Allocation (Form 8379) to show how much of the refund belongs to you and how much belongs to your wife. Then the IRS will only seivze your portion of the refund.