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To: steve goldman who wrote (7525)3/7/1999 2:36:00 PM
From: peter n matzke  Respond to of 59879
 
Steve,

First, i will reconfirm with the compliance officers that the procedures of the respective brokerage firms are correct. However, your statement implies a second penalty to boxing which i will also verify.

I understand that boxing turns both positions, the long and the short into short term capital gains. I understand the reasoning behind the rule.

If the long position is opened first, and the short position is opened second, the short position must be purchased on an uptick /upbid.
But, you also state that any subsequent sale of the long must also occur on an uptick/upbid(still holding the open short) which in effect, means that the client is penalized for boxing versus selling the long originally and opening a short.
regards
peter