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My situation is this, I bought some shares say Nov 5 and again on Dec 5. By Dec
28, I've incurred a loss so far so I sell my whole position that day and not buy into
it again maybe sometime in February of next year. Would I have a wash sale
scenario since my purchase on Dec 5 is within the 30 day loss sale window?

No. If you retain no position in the stock 31 days after the loss sale, there is no wash

Phil Marti </b<

Actually you technically did create a wash sale but you immediately sold the adjusted position which isn't a wash sale because you didn't retain a position after that sale. Phil's right, don't bother with it as there are no tax consequences. ed
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