When you sell, you can designate the lot you want to use for your cost base. In your case, you want the first 40k. Disclaimer; (I do not give tax advice, check with your tax person)
Got a question regarding long term capital tax. So about 1.5 years ago I first bought ERBB, about 40k shares. Nothing major. But January of this year I added another 50k shares. So my question is; if I sell 20k shares for example at say .09, would the shares I acquired first be sold first? Logically this makes the most sense. However, I just want to be sure because I feel like I should take some profits but I don't want to mess up my long term capital tax by selling so early. Any help would be appreciated. Thank you in advance.