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  #1  
Old 08-09-2001, 01:03 PM
ding
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Basis of stock and Primary source


Hello,
I am a new member in this forum and I really need help in finding a primary source for the following issue:
(This is a Federal Income Tax question)

Say I have 1,000 shares of some corporate stock which I purchased on October 20,2000 for #15,000. Then I sell these shares on January 31, 2001 for $7,000. Then on each of the four days from February 5 through February 8 I buy 500 shares of substantially identical stock for $3000. What will be the effect on my tax and what will be the basis of each of the four batches of new stock?

Basically, I guess the issue is: I have a stock, I sell it, have a loss and use the loss to offset the income. I rebuy the same stock again very soon and generate a loss. Can I use this loss to offset my income? Is there a court rule or any thing in the code that relates to my situation that you know of?

Thank you,
John
  #2  
Old 08-09-2001, 03:27 PM
loku
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You can not deduct the loss. The rule is clearly stated in the Internal Revenue Code and the Regulations: a loss on a sale or other disposition of stock or securities is not allowed if, within a period beginning 30 days before the date of sale or disposition and ending 30 days after that date, the taxpayer has acquired, or entered into a contract to acquire, substantially identical stock or securities. (IRC section 1091(a); Reg. section 1.1091-1).

To figure your basis on each of the 4 batches of stock, take what you paid the total shares ($15,000 + $12,000 = $27,000) less what you sold them for ($7,000), leaving a total basis of $20,000. Divide that by 4 to find the basis of each of the 4 batches of stock. (I assume you started with 2,000 shares because that is the number of shares you repurchased.)
  #3  
Old 08-10-2001, 11:50 AM
ding
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Thank you!
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