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Losses on the sale or worthlessness of Sec. 1244 stock are deductible as ordinary losses for a maximum of $3,000 per year Gains on the sale of Sec 1244 stock are treated as ordinary gains up to a maximum amount for the year Any excess for the year is allowed as a capital gain.
Ordinary Loss. Capital Losses and Ordinary Losses Receive Different Tax Treatment. A capital loss results when you sell a capital asset, such as stocks and bond, for less than your cost. An ordinary loss occurs from the normal operations of a business when expenses exceed income.
You can then deduct $3,000 of your losses against your income each year, although the limit is $1,500 if you're married and filing separate tax returns. If your capital losses are even greater than the $3,000 limit, you can claim the additional losses in the future.
The loss recognized from property created or available due to a taxpayer's personal efforts in the course of conducting a trade or business is an ordinary loss. As an example, You spend $110 writing a musical score that you sell for $100. You have a $10 ordinary loss. Ordinary loss can stem from other causes as well.
Deducting Capital Losses If you don't have capital gains to offset the capital loss, you can use a capital loss as an offset to ordinary income, up to $3,000 per year. (If you have more than $3,000, it will be carried forward to future tax years.)