Wrong. The "period" for shares purchased is 11/18/2016 thru 09/22/2017. The 3.23 intraday high was on 2/22/2017.
I personally paid between .17 cents & 2.65 during the "relevant period". Most of my shares were sold after the last day of the "look back" period, 12/22/2017.
The "recognized loss per share shall be the purchase/acquisition price minus .39 cents". So I expect to recover zero for the .17 cent shares & 2.26 per share for the ones purchased at 2.65