One broker has reported section 1256 contracts on a 1099-B for SPY options transactions and another has not. How do I proceed?

E*trade has decided to use a broader definition for Section 1256 contracts to include any options trade on broad index ETFs presumable to get their clients a bit of a tax break (60% long term capital gain no matter how long they are held).  I don't think this classification is appropriate for my situation.  Do I enter these in my 8849 as normal short term transactions at ignore what it says on the 1099 or just go with the flow?