Quote from trader_arb:
Futures are marked to market daily = realized gain/loss = no tax advantage.
The benefit of the 60/40 election is that you can claim a loss higher than the typical $3,000/yr capital loss.
Blowing up an account or two will also ensure you do not have to pay tax for some time.
Actually you are totally wrong, you can still only write off a 3K loss/ tax year. MTM accounting is a totally unrelated issue.