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Re: Elmer Phud post# 20095

Wednesday, 12/10/2003 4:12:26 PM

Wednesday, December 10, 2003 4:12:26 PM

Post# of 97595
chances of someone finding a simple careless mistake like this?

Slim. It would be nice to know the rule instead of being blindsided in an audit though...here is a snippet from a tax advisory document:

In addition, the Internal Revenue Service has
taken the position that the wash-sale rule will disallow
a loss on the sale of stock if, within 30 days
before or after the sale of the stock, the taxpayer
sells an “in-the-money” put option with respect to
the stock and, on the basis of objective factors at the
time the put was sold, there is a substantial likelihood
that the put will be exercised. These factors
include the spread at the time the put is sold
between the value of the underlying stock and the
exercise price of the put, the premium paid and the
historic volatility in the value of the stock.

Pretty fuzzy.

I think I would be safe here as long as I write out of the money puts (which is what I intended to do). Since I'm essentially selling the stock at a loss by closing the put, it fits with the above statement.

HailMary

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