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I agree with ed. File amended returns for 2005 and 2006 to document how much of the capital loss is still available. In addition to checking the box at the top of the 1041, I would attach an explanation to each of the amended returns explaining why you're amending and what the impact is on that return. It always helps to direct the IRS reviewer to the relevant parts so that they don't waste time reviewing (and perhaps questioning) other things.

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