Seth wrote:
- quote -

leads me to believe that the courts have substantial leeway in
making that determination. The loss is only as good as the tax
benefit. I would think that a judge or master would take that
into consideration.

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In article <0I8hl.3342$PE4.544[at]nlpi061.nbdc.sbc.com> ,
Alan <sfcnm-mtm[at]yahoo.com> wrote:

- quote -

I wonder how they're valued. Some people have losses that will take
centuries to recapture unless they get lucky with capital gains.

Seth

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Mark Bole wrote:
- quote -

conversations with attorney relatives who use to handle divorces.

In many states, it is embodied in their statutes. E.g., see
Indiana Code Section 31-15-7-4:
http://www.in.gov/legislative/ic/cod.../ar15/ch7.html

Indiana courts interpret that section to include carry forward
losses as a marital asset.

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Alan wrote:
- quote -


Is this documented somewhere? (i.e. what the court awarded to make up
the tax difference). It would make my job easier!

-Mark Bole

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mort wrote:
- quote -

the spouse who owned the assets that gave rise to the loss. If
the assets were jointly owned or were community property then the
carry forward is shared evenly. If the loss came from separately
owned property, the loss stays with the spouse who owned the
separate property.

However..... you get divorced in State courts. State courts have
treated a loss carry forward as marital property. State courts
can divide marital property as they please. They can't over ride
federal law. I.e., they can't assign Spouse A's loss carry
forward to Spouse B for tax purposes. So, if the court decides
that the loss carry forward is a marital asset to be shared in a
way that is inconsistent with federal tax law, the court will
make up the difference by awarding the spouse some other assets.

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On Jan 31, 2:20*pm, "mort" <M...[at]lccn.com> wrote:
- quote -


I think it would depends on your divorce decree.

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After filing joint returns I will have a huge capital loss carry forward
this year.
What happens to it if I get divorced?

(nothing planned... just wondering)

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