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MFS - Prior Capital Losses not separeted as Filler vs. Spouse

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    MFS - Prior Capital Losses not separeted as Filler vs. Spouse

    New client. Physical separation for 2+ years. She and soon-to-be X husband have filed joint all prior years. Each had over a mil in investments in 2004 (separate accounts).
    He did all returns on Turbotax but there is no distinction between who's stocks had gains or losses.I looks as if he enterred everything in as joint ownership. All other info on returned is probably very accurate -- I know these people - he is a smart guy. I have copies of 1040s back to 2005. 65000 = loss ST and 23000 = losses LT --
    I started a worksheet with activity on 1040s 2005 - 2007. In 2006 she put all her investments into a fixed annuity. He has convenvenced her to file joint every year - until this one.

    I requested her prior year investment info. She brought in 4 huge note books with monthly details of transactions since 2003.
    She does not want to request his. She wants to fil;e by 4-15-2009. She remembers that her losses were more than one half in 2004.
    I have spent a few hours with her notebooks, trying to establish a reasonalble method to determine what her carryover losses are ---- too many unknows.
    I want to split it down the middle and just give her half because it was never separated and she does NOT want to request his info.

    Also he has paid in 2008 joint estimates of 40000 using joint 1040ES but own check book and she says she does not want to claim any estimates as paid on her return. Yes - she has a divorce lawyer . and "no" she has not discussed that with her attorney - She says it is her own choice..

    (After reading what I wrote - I am thinking who cares? --- she will not worry that she owes 2 or 3 thousand)
    What say you??

    Jeannie

    #2
    I skimmed over the facts, but to me the key comment in your entire post is "she wants to file by 4-15-2009". My response to her would simply be that it won't be possible to complete this by 4-15-2009 and she can either get an extension or take it somewhere else. No negotiation.

    You need time to sort this all out and figure out what questions haven't yet been asked & answered, as well as why the answers aren't forthcoming. Allow this client to rush you into filing (or bully you into filing) and you quadruple the likelihood you'll make a mistake. Want to guess who will get the blame if that happens?
    "The only function of economic forecasting is to make astrology look respectful" - John Kenneth Galbraith

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      #3
      Enough for now?

      Do you have enough information to complete her 2008 MFS return and then complete sorting out her losses after tax season? In other words, can you establish to your satisfaction that her losses going into 2008 and during 2008 are more than her 2008 gains by at least $3,000 and won't change the bottom line for 2008? Then, refine her loss # after tax season.

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        #4
        Yes I do have enough facts to know that she can take the (1500) MFS loss for 2008. I have enough fact to also know she she does have at least 50% of the losses since 2005 - even discounting prior Sch D activity prior to that year.
        Thanks - I will offer to amend if she gets me all the info from his portfolio. I will also have her sign a "specific concerns" statement.

        Jeannie

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