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Tax Law (Questions About Taxes)/Wash Sale & Replacement Shares

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Question
Good Morning.  

My name is Mike Derato and I am looking for additional clarification on what constitutes replacement shares. I have a few investments containing multiple purchases and sells which happen to occur within a 61-day window.  I have been trying to determine whether or not I can claim any part of the loss in the following situation.

1/13 Purchase 76 shares for $3,000
1/20 Sell     76 shares for $3,275  Gain

1/21 Purchase 77 shares for $3,100
1/28 Sell     77 shares for $2,831  Loss

2/13 Purchase 76 shares for $2,828

In this scenario, I recognize the 2/13 purchase to be a portion of the replacemtent shares.  My question is, does the 1/13 purchase also fall into this situation since it happens within the 61-day period even though those shares were sold to zero prior to the 1/21 purchase?

Thanks in advance for your help.

Mike

Answer
For the wash loss rules,  gains are  ignored.  So your facts only show one loss.   That so the one that would kick out  

Basically.  The 1/28!"loss would drop off.  

61 days means nothing; the only rule is 30 days.   And it only applies to losses.  

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