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Author: ptheland Big gold star, 5000 posts Feste Award Nominee! Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 121095  
Subject: Re: Wash sale? Date: 6/23/2006 2:00 PM
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Looks like I cannot claim the loss if I repurchase in an IRA within the 30 days.

That is Kaye Thomas' opinion, not settled tax law. It is a conservative opinion, and one that won't get you into any trouble. It is a well-reasoned opinion. And a well-argued opinion. But it is still an opinion.

The truth is what you heard before. The question is unsettled. There is no official guidance on the issue, nor is there any case law to guide us. We are stuck with opinions of both professionals and kibbitzers.

I only point this out because I'm not personally swayed by the arguments for disallowance. I also admit that I'm definitely in the minority opinion on this issue both here and at Fairmark, and that I might be wrong.

I also suggest being conservative on the issue (and following the majority opinion) unless you have lots of money to burn on lawyers and are interested in your 15 minutes of fame coming from a test case in tax law.

One more thing. Since you're discussing blue chip stocks, make sure you check the dividend dates. You might not want to be out of the stock for the 30 days that included the dividend date. Then again, you might. Your call. The only mistake would be to not consider the dividends at all.

--Peter
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