griff - i was not for sure until i filed my tax return. In fact when we reached high earlier this year i contiplated flipping a portion of my holding, but did not because of the wash rule. Lesson, don't let taxes decide how you invest.
I probably would not be in much better shape to date, because I would have been all in at the bargain price around 1.50, I just would probably have a few more shares, that are increasingly it seems becoming worthless.
But don't take my word on it, go to the irs website, and find out for yourself before posting more misinformation on this board, way to much of it posted here already.