<<No, the replacement property is deemed identical to the
disposed property in every respect including such
attributes as "acquired on 16 January 2007".>>
You are correct, I was sloppy. The treasury regulations governing holding period provide:
Treasury Regulation section 1.1223-1(d) If the acquisition of stock or securities resulted in the nondeductibility (under section 1091, relating to wash sales) of the loss from the sale or other disposition of substantially identical stock or securities, the holding period of the newly acquired securities shall include the period for which the taxpayer held the securities with respect to which the loss was not allowable.
I was actually not thinking of the wash sale rule when I made the statement about holding periods. Rather, I had in mind something I did to myself with my DNDN holding. Spurred perhaps by stories of the easy money to be made trading in and out of the stock, and also because I fancied that I could react more intelligently and sooner than Mr. Market to posting of the FDA briefing documents prior to the ODAC hearing, I traded out of DNDN at a small profit and then bought back in later for a few pennies less. I then sold after the favorable decision. The effect of this moronic trade was to convert my long-term holding period into short-term. As I am a tax lawyer, you would think I would pay attention to such matters, but generally, I don't, I just buy and sell when I feel appropriate without paying attention to my tax position -- except I did remember to unload some of my woofers at year end to offset some of my gains.
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