1040X for Schedule D carryover incorrectly filed in 2000

Jul 26, 2008 24 Replies

Capital losses don't create NOLs for individuals. -IRC 172(d)(2).

Thank you for the correction.

But in some cases, it's beyond the 3 years I can claim a refund, but still within the assessment period for the IRS, right? (e.g. If it's within 6 years and I restate my income with a 30% increase.)

Seth

I haven't looked at this recently, but IIRC, the refund and assessment statutes do not run in tandem. IOW, there are cases in which IRS has longer than 3 years to assess deficiencies, but the taxpayer doesn't have the same amount of time to claim a refund. Of course, if the IRS assesses additional tax under such a statue the taxpayer can pay it and claim a refund within 2 years of payment even though all is well beyond the original statute.

Check Pub 552 "Recordkeeping for Individuals", it spells out in a table what the time limitations are if you don't file a return or understate your income by a certain percent.

-Mark Bole

Thanks for all of you. I had filed 2007?s with the correct loss in 2006 plus the correct loss in 2000 without each year of $3000 deduction after. I did file 1040x for 2006.

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