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Capital Gains Tax — day trader wash sale confusion

Started by need_help_tenant_MA · Apr 30, 2025 · 1,038 views · 14 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
NH
need_help_tenant_MA OP

I've been trying to resolve this on my own but I'm stuck.

day trader wash sale confusion. I've been dealing with this for about 12 weeks now and the situation isn't improving.

I have already consulted briefly with a lawyer but did not get a clear answer.

What's the typical outcome in situations like this?

DE
desperate_employee_today

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

NS
newbie_student_legal

NAL, but from what I've read, you should check your state's specific laws. That said, definitely get a lawyer to look at the specifics.

TL
Mod_TermsLaw Moderator

I practice in this area. Here's my take on the legal issues.

The key question is whether the applicable statute of limitations has run. Depending on your jurisdiction, you typically have the relevant statute years for this type of claim.

I'd recommend documenting everything in writing from this point forward. Keep copies of all communications.

NR
NurseUnion_Rep

I've dealt with this before.

I ended up having everything documented, which cost about $3-6 but saved me a lot more in the long run.

SA
seeking_advice_dev_CA

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

AF
asking_for_friend_employee_FL

NAL, but from what I've read, you should document everything. That said, definitely get a lawyer to look at the specifics.

FT
first_time_employee_FL

Have you tried reaching out to your state's consumer protection office? They sometimes have free resources or mediation services.

WS
worried_student_help

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

CA
ConsumerAdvocate

I've seen this play out several times in my field.

The biggest mistake people make in this situation is having everything documented. I'd recommend keeping a detailed timeline instead.

SA
seeking_advice_contractor_CA

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

MA
MusicProducer_ATL

I went through almost the exact same thing.

I ended up filing with the appropriate government agency, which cost about $4-8 but saved me a lot more in the long run.

SA
seeking_advice_parent_today

Have you tried reaching out to your state's bar association? They sometimes have free resources or mediation services.

NC
newbie_creator_2022

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

GL
GigWorker_LA

Been there. Here's what I learned.

I ended up having everything documented, which cost about $3-6 but saved me a lot more in the long run.

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