Capital Loss - Surviving Spouse

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  • KBTS
    Senior Member
    • Nov 2005
    • 564

    #1

    Capital Loss - Surviving Spouse

    Husband passed away in 2007 and wife filed MFJ return for the year. The return had a large capital loss carry forward from husband's sale of his business in 2004. Wife got re-married in 2008 to one of my clients. When I asked about the loss, she said what it was and that her prior accountant said she could carry it forward to the 2008 return with her new spouse. I disagree and think the capital loss is gone since it belonged to her deceased spouse. Any thoughts?
  • Lion
    Senior Member
    • Jun 2005
    • 4699

    #2
    Died

    Died with deceased spouse, unless any percentage of company had been hers...

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    • Gretel
      Senior Member
      • Jun 2005
      • 4008

      #3
      Yup, agree, dead is dead - Spouse and deduction.

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