Another year's gone by since that post, but looking back real quick for you, I'm seeing only the original critical diagnostic bypassed for institutional EIN still present, however the critical diagnostic for having more than $3,000 in capital gains is no longer present (so presumably they fixed it).  It sounds like your issue though is with capital losses, which is what I expect the diagnostic was originally suppose to be for.  As a result I have no experience to share, I've only passed through positive capital gains over 3k in Arizona.  Best of luck!