carry-over capital losses

• Family Finances: Carry Over Losses

Question: I have $25,000 in stock losses remaining as a result of liquidations in 2004. I closed on the sale of my primary residence (for the past five years) in 2005, and stand to realize capital gains beyond the $250,000 exemption for a single person. Can I use the carry-over stock losses from 2004 to offset capital gains on the 2005 real estate sale? -- Tim Lederer, Philadelphia Answer: Those bad stock picks will finally pay off. Yes, you can use the capital losses you carried over from 2004 to offset some of your home sale profit in 2005.

• Deseret News (Salt Lake City)
• February 05, 2006

• 26 CFR 1.1212-1 - Capital loss carryovers and carrybacks.

... without regard to capital gains and losses, and, after 1953, without regard to the deductio...

• Code of Federal Regulations - Title 26: Internal Revenue

• Tax consequences of de facto liquidations.

...'s tax attributes (including net operating losses, earnings and profits, and capital losses) carry o...

• The Tax Adviser
• Vol. 41 Nbr. 5, May 2010

• Tax consequences of home purchase programs for relocating employees.

... property may be characterized either as a capital or an ordinary income asset. Such characterization... income, and may carry over capital losses indefinitely; see Secs. 121 l(b) and 1212(b). . Or...

• The Tax Adviser
• Vol. 37 Nbr. 3, March 2006

• Richard Drayton, John R. Sauerteig, and Sydney G. Stevens, as Escrow Agents of the Delaware & Bound Brook Railroad Company, Appellees, v. United States of America, Appellant., 801 F.2d 117 (3rd Cir. 1986)

... the interest component was a return on capital and therefore should be taxed as a capital gain. T... (1982) (governing treatment of capital losses). The net result could be a transaction in which D...

• Federal Circuits

• Simulating Firm-Specific Corporate Marginal Tax Rates in a Canadian Context

This paper illustrates a methodology for estimating corporate marginal tax rates in the presence of tax losses, and within the context of Canadian tax law. Actual and simulated noncapital losses were carried back and forward to estimate projected taxable income according to the Canadian tax legislation. This study contributes to the literature by developing an algorithm for simulated marginal tax rates based on Canadian tax law. Using an inappropriate measure of a firm's taxpaying status to proxy for the marginal tax rate can result in biased and inefficient estimators because of the spurious increase in both Type I and Type II errors. Lack of disclosure or absence of noncapital losses reduces the variation in estimated marginal tax rates, even though the simulation methodology allows g...

... activity (i.e., incremental unit of capital, incremental worker, or incremental unit of output...

• Multinational Finance Journal
• Vol. 11 Nbr. 1/2, March 2007

• Fitch Affirms Clear Channel at 'BBB-'; Outlook Remains Negative.

... its scale and discretionary level of capital expenses, Fitch believes the company could withsta... take advantage of carry-over capital tax losses from the Live Entertainment spin-off. Fitch believ...

• Business Wire
• September 19, 2006

• Controlled framework for income taxes.

... tax attributes such as Net Operating Losses, Capital Losses, Foreign Tax Credits, etc., that m...

• Tax Executive
• Vol. 61 Nbr. 6, November 2009

• Angelo F. DeJoy, (2000)

... the issues for decision involve a claimed capital loss for 1990 of $8,275, a claimed capital loss fo..., however, disallows the claimed capital losses relating thereto on the grounds that petitioner ha...

• United States Tax Court

• 13 CFR 108.50 - Definition of terms.

...PART 108: NEW MARKETS VENTURE CAPITAL (?NMVC?) PROGRAM. Subpart B: Definition of Terms U... income taxes (excluding any carry-over losses) for the preceding two years no greater than $2.0 ...

• Code of Federal Regulations - Title 13: Business Credit and Assistance