Then we wait the 120 days --- and in my opinion, every day that we get closer with no decision - the stock will go up, especially after the 1st of the year as a lot of people will sell out this year to take the loss on their taxes. So if you want to take the risk, take the loss and sell now, repurchase again and you are in. Your loss of a couple of hundred in transaction fees in minimal if you look at the tax deduction. The risk you take is will it jump up on the one day you are selling. LOL