Employee Selling ESPP Stock.

[Guest Scott Damschroder]

I'm participating in my Companies Stock Purchase Program. It has a 3 month grant period. The stock is purchased at 85% of the stocks value on the first day or the last day of the grant period, which ever is lowest. We are allowed to sell about 5 days after the grant period is over.

My question:

Do I need to use the "wash sale" rules when filing my taxes? I have sold ESPP stock at a loss 30 days before or after purchasing more ESPP stock. I feel that the grant period could allow me to be exempt from the "wash sale" rules.

Thanks,

Scott