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Technology Stocks : JDS Uniphase (JDSU) -- Ignore unavailable to you. Want to Upgrade?


To: Baton who wrote (14577)12/4/2000 12:09:56 AM
From: SJS  Respond to of 24042
 
That raises a good point. Is there an authority you could ask to get a bankable answer? You could probably ask 20 CPAs, and you'd get probably a 15 yes, 5 no response.

It's probably a stupid question, but will the IRS take a definitive position on a stock's "likeness" quotient that can be queried BEFORE you make the swap, and then find you have to defend it.

Theoretically, of course. In other words, this publication doesn't say too much about a crystal clear definition of "substantially identical stock or securities". I've searched this document and found this section about "identical stocks",. Heck.....is this as clear to me as it is to other readers? N O T!

LOL!!!

"Substantially identical. In determining whether stock or securities are substantially identical, you must consider all the facts and circumstances in your particular case. Ordinarily, stocks or securities of one corporation are not considered substantially identical to stocks or securities of another corporation. However, they may be substantially identical in some cases. For example, in a reorganization, the stocks and securities of the predecessor and successor corporations may be substantially identical.

irs.ustreas.gov

Steve



To: Baton who wrote (14577)12/4/2000 9:38:20 AM
From: K. Bloomquist  Read Replies (1) | Respond to of 24042
 
I am a CPA - 20 years. Wash sale rules don't apply to shares received in a tax-free exchange



To: Baton who wrote (14577)12/4/2000 9:47:09 AM
From: Don Edgerton  Respond to of 24042
 
Shareholders meeting for the merger about DEc 27. If all in sync, merger occurs next day. Thus you will have reacquired the stock within 30 days. On the other hand, if closing is delayed beyond 30 days from now, no worries. AS of today SDLI and JDSU are not essentially the same for "wash sale purposes - just mho