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Wash Sale Rule Question:

I had two 200 lots of stock X, one at $24 and on at $21

I sold one lot at 22$, to decrease my dependence on the stock and free up some cash. The bad thing is E-Trade shows I sold the lot as the $24 dollar one. Thus, showing a loss, and not a gain on the 21$.

Since I had bought/sold the stocks within 2 weeks of each other I believe I fall under the 30 wash rule, and can not apply the loss.

Can I ignore what E-Trade shows as the lots when I do my taxes?

Can I just show the sale as a gain on the schedule D, and if I hold the other shares for a month can I sell them to realize the loss (if it is still down)?

Thanks For Your Help
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