Wash Sale Rule Question? Please Help?

Does the wash sale rule still apply if you have not traded any stocks in December 08 and January 09. Example: I traded ETFC, plus others, multiple times throughout January - June, but have not traded since. Would the wash sale rule still apply to my profit/loss basis? By the way, I do not own any stock at this time.





I have read on different websites that if you do not have any open positions in the month of December 08 and January 09, the rule would not apply. I hope you understand the question because I did some reassurance. Scared to death about filing taxes this year. ThanksWash Sale Rule Question? Please Help?
Technically, it still applies.





However, since it does not make any difference in your tax computation, no one (not even the IRS) cares if you apply it or not.





I know of one day trader who always takes off the entire month of December (holding no positions for ove 31 days) to make sure he does not have to worry about wash sales.Wash Sale Rule Question? Please Help?
The wash sale rule will apply for any trades that you did between Jan - June (eg buying ETFC within a month of selling it during that time). However, it will not come into effect if you take more that a month off. For example if you were to buy ETFC in Feb 09, you do not have to worry about any sales made from Dec 09 being counted against you. (I'm assuming you want to take a tax loss and make sure it won't effect your new position in that stock).