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URL:  http://boards.fool.com/wash-sales-for-shares-with-zero-gainloss-15548560.aspx

Subject:  wash sales for shares with zero gain/loss? Date:  8/12/2001  4:33 AM
Author:  asmolik Number:  53252 of 121218

I was wondering if there would be any information on whether the sale of shares with zero gain/loss could legitimately qualify as a wash sale. Put another way, when sale price equals cost basis for a sale of shares, it could be considered a loss just as correctly (or just as incorrectly) as it could be considered a gain, so the question is whether the taxpaying investor could use the benefit of the doubt to his/her own advantage. Here is an example:

100 shares of XYZ are purchased at n = $40/share on 06/01/2001.

100 shares of XYZ are purchased at $50/share on 07/02/2001.

100 shares of XYZ are purchased at $30/share on 08/01/2001.

The 200 shares of XYZ purchased on 06/01/2001 and 07/01/2001 are sold at $40/share on 08/08/2001.

The question would be (1) whether the 100 shares purchased on 08/01/2001 could be considered to have “washed away” the 100 shares purchased on 06/01/2001, hence allowing the $10/share capital loss on the 100 shares purchased on 07/02/2001 to be realized (for a total loss of $1,000), or (2) whether the 100 shares purchased on 08/01/2001 would need to be considered to have washed away the 100 shares purchased on 07/02/2001, hence disallowing the capital loss on those shares (and realizing a zero gain/loss on the 100 shares purchased on 06/01/2001).

In graphical terms, suppose that any realized gain/loss on the 08/08/2001 sale above were considered as a function of n above. There is obviously a discontinuity in such a graph at n = $40/share: as n linearly decreases from $40/share, then there is a net realized gain (all from the 06/01/2001 shares) which linearly increases from $0, but as n linearly increases from $40/share, then there is a fixed net $1,000 realized capital loss (all from the 07/02/2001 shares, assuming that the 06/01/2001 shares are to be considered the “washed away” shares for this case). So the question is whether such a graph at n = $40/share should be made to behave more like n < $40/share (to the IRS's benefit) or should be made to behave more like n > $40/share (to the taxpayer's benefit).
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