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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.

No, I disagree with this. Sort of.

As part of the non-resident tax calc, all income and deductions worldwide will need to be reported. Then the CA source income will need to be identified.

In this case, it is possible that our OP has a non-CA source capital gain. A simple tweaking of his fact pattern would make me state pretty confidently that the gain is NOT a CA source income item.

For example, if he could say that the funds in this particular account were an inheritance that his wife received, they would pretty clearly be her separate property. Then since she is a non-resident of CA, the capital gain would be non-CA source income.

--Peter
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