First off, I don't know the technicality here, but the intent is to be able to claim a loss while still holding onto the stock by putting it in a different account. If you and your wife file jointly, from a tax point of view there shouldn't be a difference between buying back in your IRA or hers. You have a loss because a stock you bought, expecting it to go up, did not. It went down. You lost money. Why are you so certain that now it is a good investment? There are lots of stocks, mutual funds, attractive investments out there that have not lost money for you. I don't understand why people even THINK about running into wash sale rules by buying back their losers. Market timing is a loser's game. You think this stock is now a screaming buy and it can't go any lower? Not true. My 2c says buy something else, and there is no question of running into wash sale rules. In an audit you aren't inspiring people to look extra hard because it looks like you are trying to circumvent the rules and they want to catch you at something. Best wishes, Chris
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