No. The excess over $3,00 of capital loss can only be carried foreword in
time, not backward.
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Don EA in Upstate NY
I think you will find that capital losses will carry forward, but not
back, so you had to pay tax on the 2008 gains. But for 2009, the
6k capital loss will be used agains any capital gain for the year, and
the 3k limit is for deducting against "ordinary" (non-capital gain)
income. Any left over after that is carried forward to 2010.
scott s.
.