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Strategies & Market Trends : IRS, Tax related strategies--Traders

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To: Colin Cody who wrote (92)2/19/1998 12:56:00 PM
From: Dan Duchardt  Read Replies (1) of 1383
 
Thanks Colin,

I know you have answered wash sales questions many times, and I've tried to keep up with all of them- even thought I understood them. However I still have two questions, one very basic, and one of concern to at least those active traders who don't get TRADER status.

A) From IRS Pub 550: (1995- latest one I have)
"A wash sale occurs when you sell stock or securities at a loss and within 30 days before or after the sale you:

1) Buy substantially identical stock or securities......"

I buy XYZ and hold it for 3 days, selling it at a loss. What I bought was of course EXACTLY identical to what I sold, and was bought less than 30 days before I sold it. Is this a wash sale, or does this rule apply only to subsequent blocks (i.e., purchased after my original PURCHASE) of substantially identical securities? (I think I understand the stuff about smaller/larger subsequent blocks, options, etc.)

Hope that one was easy. Now for the second

B) Loss and gain on the same day.
"Loss from a wash sale of one block of stock or securities cannot be used to reduce gains on identical blocks sold the same day."

A couple of scenarios:

a) I buy 100 shares of XYZ at $50. Next day the price has dropped and I cost average with another 100 shares at $46, so my average cost is now $48. Three days later I sell 200 shares at $49.

First block is a wash sale, right?
Do I pay tax on my net gain of 200($49-$48) = $200, or on 100($49-$46) = $300 because the wash sale is disqualified from my basis by the same day sale rule?

b) A SOES style daytrader plays 1000 share blocks of INTC all day long, making 10 separate full-turn buy/sell trades. Say 7 of them are losses totalling $2000, and 3 are winners totalling $2000 (including the commissions in all cases). His net gain for the day is zero. Does he pay no tax, or tax on his $2000 on the win side? Does it matter if he has TRADER status?

Thanks in advance,

Dan
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