Deceased Tax Payer with 1040 cap loss carry forward

[Bjorn]

Can the 1040 schedule d cap loss carry forward go to the 1041 or heirs?
Mahalo
Bjorn

[Bucky]

I believe if taxpayer cannot use capital loss on final 1040 it is lost. No carryover to 1041 or bens. Now if it was a stock owned jointly the spouse would be able to use in future years.

[ChEAr$]

Correct.

Both have expired, taxpayer and the NOL.

[dsi]

agree with harlan.

[Kram BergGold]

jointly held property

When one spouse dies and their are joint capital losses the surviving spouse gets to keep 1/2 of joint losses and his or her own losses. The rest are vaporized.

[OldJack]

A 1041 Sch-D carryover loss for an estate can be passed to the beneficiaries in the year of termination of the estate. Check your date of death and see if the loss belongs on the estate tax return 1041.

[ChEAr$]

Joint losses

When one spouse dies and their are joint capital losses the surviving spouse gets to keep 1/2 of joint losses and his or her own losses. The rest are vaporized.

That may be so for capital loss property which had been owned by both jointly. But most
all capital losses I see arise from the husband having owned the stock sold at loss.
Your mileage may vary in communistic states like Arizony, though. (grin)