This is an area that is very fact oriented.
We have no idea what else you have in your portfolio; which your brokerage firm does.
You need to work through this with your brokerage firm and have them explain, based on their knowledge of your portfolio, why this falls within the wash sale rules.
Its not that you never get this loss, it is just added to the basis of "substantially identical" stock which your brokerage firm should explain to you as well.
*A reminder that posts in a forum such as this do not constitute tax advice.
Also keep in mind the date of replies, as tax law changes.
