Quote from heech:
Are you sure about this? I suspect otherwise.
Oh, perhaps you're right. I do know that the cash-settled options currently listed on the CBOE (like VIX monthly options) are legally securities and not futures options, so if I trade them... my commodity pool comes under SEC supervision. On the other hand, the instruments listed on the CFE (including VIX weeklies) which are settled into physical futures are treated differently.
But perhaps from a tax point of view, these are still section 1256?