I just looked it up and boy was I wrong. Meaning you are absolutely correct. Took about 5 seconds to verify. So he is definitely out until end of January if he needs the tax benefit for 2009 as per the rule. I am going to assume he is a private investor that uses a standard calendar tax year without mark to market accounting. Which he should not be using because he said it was for tax reasons not cash flow.
But he didn't even hold it for a year, so it's a short-term loss anyway. I don't think wash sale rules apply here, only when you repurchase something that you're claiming a long term capital gain on.
PW - Does the Wash rule still apply to stock is sold from an individual account as to take the tax loss in 09, and the new purchases are with new funds recently transferred (converted) from a TSA into a newly created Zeeco ROTH.
Will not hold you legally liable for misinformation. After all, nothing is for sure.
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