Wife didn't tell me she had a outstanding student loan and it was taken out of last year's tax return can I recoup my portion the earned tax return

[DanielV01 · Accepted solution]

It depends.  You can attempt to file an Injured Spouse claim.  Here are the instructions on how to do that:  https://ttlc.intuit.com/replies/3326788.  You would follow a similar procedure for 2015 by starting the 2015 amended return with these instructions:  https://ttlc.intuit.com/replies/3288565

What should happen is this: the IRS will determine what credits and refund would have been attributable to your portion of income.  But it is completely in their hands, and there is no guarantee that they will decide in your favor.  But this is your recourse to attempt to get anything back from the IRS offset.