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Author: foo1bar Big gold star, 5000 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 121095  
Subject: Re: Question about wash sale/same year/position Date: 12/9/2008 12:54 AM
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My question is if I bought a stock and 10 days later sold it at a loss in the same year by exiting my position completely and then not buy that stock the rest of the year, this does not fall into the wash sale rule correct and I should be able to take the loss into consideration for my taxes as I did not enter into the position again?

If you don't repurchase within 30 days of the sale it does not fall into the wash sale rule.
So the only question that has to be answered in the above scenario is "Was the stock sold after Dec. 1st? And if so, is it re-purchased within 30 days after the sale?" (You say "rest of the year", but depending on when the sale date was, "rest of the year" may or may not be more than 30 days)

Ex. Selling at a loss on Dec. 20th and repurchasing on Jan 5th still will run into the wash sale rule. (Dec. 20th is less than 30 days from Jan 5th)
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