Claiming a Loss for Capital Gain Tax

To avoid a "wash", if I have 50 shares of a stock that I bought at $10 each and the value is now at $5 each, is it legal to buy 50 shares at $5 each then the next day sell 50 shares (the first fifty would be the shares sold (FIFO) First in, First out) and claim a loss on taxes? A "wash" is selling the stock then buying it back in less than 30 days and claiming a loss, which is illegal. Thanks,

That's a wash too.

Ask your broker or accountant .