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Hi All!

I have checked the IRS site and have read through many of the wash sales posts here and cannot find an answer to my particular question. I apologize in advance if this has been addressed before.

I have some short term losses (approx. $50,000) that, under wash sale rules, I must carry over to 2002. However, I have some long term gains (approx. $100,000) with the same stock.

When I separate my long term transactions from my short term transactions on Schedule D, my capital gains is $100,000 since I cannot claim the $50,000 loss due to wash sale rules. Can I list some of my long term sales under short term sales on Schedule D to offset the gains with the losses? My thought being that purchase dates can be listed as varied, and I can lump some of my short and long term transactions together under short term sales with a “varied” date thus lowering my overall capital gains.

I know it's best to ask a tax consultant but any thoughts would be appreciated.

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