It is indeed a grey area of the law. I suspect seeking advice from an accountant would only result in repeating what the ATO has already published. Such advice really needs to come from a Q.C., and I'm not going to fund a high court challenge to find out the answer.
I think I will simply sell the loss making stocks before 30 June 2010. Then in July assess whether or not these companies are worthy of re-investment, some definitely not.
