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Subject:  Re: Captial Gains for State Return Date:  3/13/2006  2:51 PM
Author:  irasmilo Number:  84938 of 127637

My only question is the section of the CA540 instructions that states that if the non-resident spouse has any CA-source income due to community property rules that spouse cannot file as a nonresident. [...]

So if you change the last words of your statement from "as a nonresident" to "separate CA but joint Federal returns" then you've got it correct.

That was my intent, my language was sloppy. The point being that for the specific set of facts under consideration, there is no way to avoid reporting the full capital gain to CA.

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