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Strategies & Market Trends : Options

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To: rkral who wrote (6237)4/10/2000 7:47:00 AM
From: edamo  Read Replies (1) of 8096
 
rkal...never suggested selling common at a loss and replacing with options....

my comment/questions if you read the full thread was that not even the irs has made any firm conclusions on pure options transactions, particularly the short sale of contracts, and implications with any wash rule....the tax code (code section 1233)addresses short sales, but only from the active or buyer side, as the buyer be it put or call has the power and control over date of exercise/assignment...this control can be used to manipulate the discussed wash sale....but the seller of the put or call does not have within their ability to demand exercise or assignment....this is what the tax code fails to address...
(short sales)in fact code section 1233 states " the holding period.....is considered to begin on the date that the short sale is closed.....or disposition of property"

so the still unanswered question is if i close a short put at a loss, repair same to a different strike, expiration, or underlying, does it trigger the wash sale rule....or does code section 1233 come into play to determine the date (closing) of the transaction????
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