Could LONG TERM CAPITAL CARRYOVER LOSS be used to reduce or eliminate DERPRECIATION RECAPTURE?
Tax Professional Answers
However, I am getting mixed signals here.
The CPA who has prepared 1065 and 1040 is saying: partner share of $600K at 1040 level is strictly ordinary or depreciation recapture gain that
does NOT qualify to get offset from $550K long term capital carryover loss (Schedule D Part II, line 14, 15).
Total gain after sale here DOES NOT have capital gain component but ALL IS recapture gain. Long term capital carryover loss can ONLY offset
capital gain component of Total gain.
Similar opinions are held by two other CPAs.
Could you please confirm your conclusion with supporting IRS documentation and/or ruling.
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