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URL:  http://boards.fool.com/ltyouve-added-a-small-twist-in-that-we-now-know-11494025.aspx

Subject:  Re: One more try Date:  11/9/1999  1:36 PM
Author:  CarlErikson Number:  20769 of 123001

<You've added a small twist in that we now know that the short position was covered before the end of the tax year. I'm more confident that the exception in IRC Sec. 1259 would apply to these facts. Once again, specific identification is not the issue, the constructive sale of a long position is the issue.>

Thanks for the reply! However, in my hypothetical scenario, it makes a big difference whether the Schwab or Waterhouse shares were considered to be the ones involved in the "constructive sale." I.e., if they are the Schwab ones, I pay a huge long