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[[ I just wanted to see if there have been any changes that have happened lately, as
far as cases that have occured. (it doesn't look like the code has changed, but if
e-mail is now acceptable form of accknowledgement from the broker that would
make life a little easier).]]

Nope...one of the issues leading to the confusion is the lack of "on point" court cases on this issue. My guess is that it's not worth litigating over, unless it is simply an anciliary issue to another more major issue that the taxpayer/government want to litigate. But there is nothing new that I know of.

But there WAS a post just recently where one of our readers reminded a discount broker of their obligations under the IRS regulations, and the broker complied, providing the reader with the confirmation necessary to specify the desired stock. So it is certainly possible.

I think this post hit about 2-3 weeks ago. So you might want to go back and check it out.

[[ Currently, my plan is to talk to a customer rep at Datek, fax or e-mail them a
copy of my plan for what order to sell the shares, and then have them
acknowledge it (sign it?) and snail-mail it to me (would faxing it to me be
enough???). This should be enough to cover me most of the way.]]

I would generally agree. Signing it as executed with the appropriate time/date and sending it back to you (either via snail mail or fax) should meet the requirements of the regulations.

[[ (I would
include to disregard this plan after a certain date, so that I could update it once
my next shares "mature")]]

If you can get the broker to "sign off" and give you a confirmation each and every time to sell comingled shares, I'm not sure that you need a "plan"...simply a confirmation each time you make a trade that would require confirmation.

[[ Of course to cover myself the rest of the way I would like to follow the
suggestion on fairmark.com about sending an e-mail right after placing a sell
order, and having them acknowledge that...but I think that is going to take a little
more encouraging of the customer rep (to get this done everytime for me, instead
of a one time thing).]]

But nobody said that the best things in life come easy. If you want to make sure that you are 100% safe, this is a good way to go. If you are happy with something less than 100%, that's your decision.

[[ Are there any thoughts or latest news on this? Any help directly or from another
site would be appreciated. TIA]]

Again, the only thing that I would suggest is to go back and read the prior posts on this issue to gleen some additional information.

[[ (Due to wanting to sell my "matured" stock first I can't just give a blanket
statement of "sell my most rescent position" or "sell the ones with the highest
basis" as others have done...though giving them my plan would be the same thing
in my eyes. The big question is whether either of these would stang up in court.
They should IMHO, but I would rather be on completely solid ground)]]

Only the COURT would be able to answer that question. Remember...I thought OJ was guilty...but the court disagreed. Shows you what I know.

Hope this helps...
TMF Taxes
Roy
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