Can Tom receive another $10 million CAP if he added his wife into the picture? While there is no direct authority on how the Courts would rule on this issue, a married couple needs to be careful if they were trying to both receive the $10 million CAP by having one spouse holding QSBS stock gift some of the stock to the other spouse. While each spouse is deemed a separate taxpayer under IRC, Section 1202 provides that the $10 Million Cap is treated as a $5 Million gain exclusion per spouse for a married couple filing separately.