Quote from DisciplinedHedg:
Might want to be be careful saying that this would not be worth it.
The 40/60 tax treatment is nice, but for a trader whos gains/losses can fluctuate GREATLY each year, if one year you end up with an abnormally large loss due to personal trading, market crash, etc. then you are stuck with a HUGE capital loss carryforward, that you can only use up in later years, but only if you earn that much of a profit.
Yes absolutely, I know this firsthand because I never did enough homework on MTM while trading equities (where I think it is a must for stock only traders) and could have gotten a substantial refund on taxes paid during the bubble. As mentioned, everyone's situation is different, and be careful when choosing one over the other because from what I hear it is very difficult to switch back and forth between MTM and non-MTM status.