section 1244 - loss

Hi,

In 2002 I started an s-corp and used $100K of my own money to start a business and then 1 year later, in 2003 invested $24K to keep things going. After 7 years, I have decided to file my FINAL 1120s 2009 return to shut things down...I am essentially bankrupt and now need to pay off all this debt!! I was construction contractor.

I looked at my past 7 returns and it consisently shows my capital stock is worth $62k but my business is worth $0 after doing about $400K per year for about 5 of the 7 years.

After reading irs publications and web sites, I believe I qualify for the section 1244 loss of no more than $100K loss(filing jointly) on Form 4797. Since I now am W-2 employed, this loss will permit me to get all my income taxes back as a refund which will help my family emensely.

Do you think I'll be OK filing this?