How can I reclaim a refund that was paid to me, but never cashed

[byhtomit]

Two years ago, when I filed my taxes, the DoE took out funds for a Student Loan which I thought was paid.  As it turns out, it was, so they refunded the money via check, which had our names (wife and I, at the time) on it.  However, we were in the midst of a divorce and I wasn't about to give her half of the monies that was from my overpaid student loan, so I didn't cash the check because it would have required her to sign it as well.  Well, it was only valid for a year, so the check is now void and the divorce is finalized and I remarried.

My question is this: How can I claim those monies on this year's taxes?  I have a deferment until October and would like to reduce my tax burden debt more.  Which form do I need to include to get credit for those funds that were refunded, but never cashed?

[DoninGA]

For this situation where you filed as Married Filing Jointly and you are no longer married to the spouse that would have been on the refund check, you will need to call the IRS and speak with an agent - (800) 829-1954

Normally a Form 3911, Taxpayer Statement Regarding Refund would need to be filed - https://www.irs.gov/pub/irs-pdf/f3911.pdf

[rjs]

If I understand you correctly, the refund check that you did not cash was from the Department of Education, not from the IRS. It was a refund of an overpayment on your student loan, not a tax refund. Even though the overpayment on your student loan resulted from a mistaken offset of your income tax refund, the check from the Department of Education is not a tax refund. In that case, you cannot "claim" it or get credit for it on your tax return. Since it was not a tax refund from the IRS, you cannot use Form 3911. You have to ask the Department of Education how you can get a replacement for the check that they sent you.

[byhtomit]

Thanks for the reply.  I'm not quite sure I agree.  The check is from the US Treasury and it was taken from my taxes for a DoE debt, so the refund was a return of those taxes.  However, I just noticed a phone number to call.  I'll give them a jingle and ask directly.  I'll let you know what they say.

Thanks.