JohnB5677
Expert Alumni

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It would not be to your advantage to not take the mark to market option.  

 

Traders can choose to use the mark-to-market rules, investors can't. If a trader doesn't make a valid mark-to-market election under section 475(f), then he or she must treat the gains and losses from sales of securities as capital gains and losses. 

 

If a trader makes a timely mark-to-market election, then he or she can treat the gains and losses from sales of securities as ordinary gains and losses (except for securities held for investment).  Neither the limitations on capital losses nor the wash sale rules apply to traders using the mark-to-market method of accounting.

 

IRS Topic No. 429 Traders in Securities

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