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Technology Stocks : COMS/USRX
COMS 0.001300.0%Nov 4 10:50 AM EST

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To: Wayne Lian who wrote (1126)3/28/1997 8:09:00 AM
From: David Lawrence   of 1384
 
Wayne, I've thought about it further, and feel quite confident in your scenario with only one qualifier:

If you want to sell COMS to take a tax loss and use the proceeds to purchase USRX, it will not be a wash sale unless you perform the transaction within the 31 day period preceeding the actual merger. I'm not certain that it would be a wash sale even if you did the trade within that 31 day period, but better safe than sorry.

Unfortunately, the consequence of that scenario is helping to keep pressure on COMS stock price due to tax related selling in the shares. It's a regular tug-of-war - selling in COMS keeping it down and buying in USRX trying to push it up, with that 1.75 foot rope holding them together. Of course, there could be some tax related selling in USRX and buying of COMS, but to a lesser extent since it's decline hasn't been as severe.

We can't break out until the tax related selling pressure goes away.
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