"that is OK if you are not going to claim a capital loss.

you can't buy for 30 days after the sale in order to claim your loss.

many on this board would lose out on their capital if they were to buy and sell using your logic."

The superficial loss rules only prevent you from claiming a loss on this transaction. Although not currently claimable the resulting capital loss is simply added to the cost base of your shares. As such it's not lost it's accounted for in the future when you sell. There are no negative tax implication to what I did as the objective was to sell (not to trigger a capital loss) but to sit on the sidelines waiting to see how the stock reacts to the news. If I am tax loss selling that's a different story.