First of all, I know no one that will claim to have all the answers to this question. Even the IRS would come to different conclusions within their own organization.But, if the IRS claimed this example to be a wash sale, when then, would they claim that the original loss could be claimed? And on what shares? The loss will NEVER be realized within the IRA account regardless of when that stock is sold. So it goes back to the original loss. There is no provision in the wash rules to allow a loss on an "original" wash sale to fall back to these original shares. It either wasn't a wash sale to begin with (which is what I claim), or the loss never gets taken (which is absurd).
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