An investor sells short 1,000 shares of ABC at $80 per share on July 1, 2017. On July 23, 2017, the investor makes an in-lieu- of dividend to the lender of the shares for 41 per share. On August 1, 2017 the investor buys 1,000 shares of ABC for $73 per share and delivers them to the lender on August 4, 2017 to close the short sale. What is the investors gain/loss on the short sale for federal income tax purposes? Is the gain/loss long-term or short term?