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To: Mark Fleming who wrote (7486)	4/4/2001 3:03:08 PM
From: BirdDog	Read Replies (1) \| Respond to of 10934

...a nice tax loss ...I can use against gains. I hope that this move can survive an IRS audit on the meaning of the term same or similar stock in the wash rule laws. I wish you the best... BirdDog

To: Mark Fleming who wrote (7486)	4/4/2001 3:10:35 PM
From: Uncle Frank	Read Replies (3) \| Respond to of 10934

>> So, I have 50% of the sector in NTAP and 50% in EMC, along with a nice tax loss of $100K or so I can use against gains. I'm curious about the tax law regarding this loss. If you have no gains to offset the $100K this year, I know you can take a $3K loss and carry the balance forward. Could you use all $97K against 2002 gains, or are you restricted to $3K/yr. from that point onwards? uf

To: Mark Fleming who wrote (7486)	4/4/2001 5:07:07 PM
From: im a survivor	Respond to of 10934

Good luck.....I've been thru an audit and I tell you, they really try and get you on the wash rule.....don;t be surprsied if they try and get you on ntap and emc being to similar.........It happened to me, and I know others as well...sure you can fight it, but thats costly and not worth it...case in point.........I sold some shares for a loss in company abcd. I bought company efgh with the proceeds. IRS told me they were in the same sector, going after the same market niche, and the they hit me with the wash rule. I fought it and lost.....and let me tell you, the companies were far more different then ntap and emc are.......has the wash rule changed in the last 5 years, anyone?.......good luck........