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There is a statute of limitation on claiming a refund - which is three years in most situations.
The statute of limitation starts when the tax return is due.
Thus - the statute of limitation on 2006 tax return started on Apr 15, 2007 and will run out of Apr 15, 2010. If you file your tax return before that date and claim a refund - you should receive it.
You also may claim a refund for 2007, 2008, and 2009.
You still may file your tax returns for 2005 and prior years - but would not receive any refunds due to the statute of limitation run out.
As long as you would file and sign a joint tax return - your both will be help responsible for all information and tax liability resulted from that tax return.
Both taxpayers are jointly and severally liable for the tax and any additions to tax, interest, or penalties that arise as a result of the joint return even if they later divorce. Joint and several liability means that each taxpayer is legally responsible for the entire liability.
In some cases, a spouse can get relief from joint and several liability. There are three types of relief from joint and several liability for spouses who filed joint returns:
Form 8857, Request for Innocent Spouse Relief, or a written statement containing the same information required on Form 8857, which is signed under penalties of perjury, must be filed in order to request innocent spouse relief, separation of liability, or equitable relief. You may also refer to Publication 971, Innocent Spouse Relief, for more information. If you request relief from joint liability, the IRS is required to notify the spouse with whom you filed the joint return of your request and allow him or her to provide information for consideration regarding your claim.
how would i file for myself even though we are still married ,i also have 2 children i can claim,so what should i file under.i have never filed before he has always been the one to do that.
If you are living together with your spouse - you may choose filing status as "Married filing separately" - on the form 1040 - http://www.irs.gov/pub/irs-pdf/f1040.pdf - see line 3 in the Filing status section.
If you did not live with your spouse at least last six months in 2009 and you have qualified dependents - you may choose filing status as "Head of household"
You may claim your children as your dependents if they live with you.
With filing status as "Married filing separately" you might not be eligible for some deductions and credits - for instance - you will not be eligible for earned income credit even otherwise you qualify.
Let me know if you need any help.