stockoptionist - Just a thought. I am trying to learn more about the best filing status/tax strategy for futures traders. I still do not have the whole picture, but I have learned a few things - one of which seems to relate to your situation.
I know that MTM filers are not held to the $3,000/year loss limitation. MTM filers trading proceeds are treated as ordinary income instead of capital gains/losses. I know futures are marked to market each day, so futures traders do not need to worry about wash sales. Futures traders get the benefit of preferential capital gains treatment (futures are taxed as sixty percent long-term capital gains and forty percent short-term capital gains, regardless of how long positions are held).
The downside of MTM election for futures traders seems to be that you have to pay taxes as ordinary income and lose the 60/40 capital gains treatment. The upside is that you are not held to the $3k/ year limit.
This is how I understand the MTM election for futures traders. If I am mistaken, I would appreciate someone correcting me. Thanks.
Haas