Thank you rjs- I think that is the answer. I am however looking for a second opinion since the answer is critical to my taxes. To start this process I have just ordered the book referenced in your answer "Capital Gains, Minimal Taxes:"
The reason I am being so intense here (I prefer the term "nerd-like") is that my broker (who I will not name here in order not to post a complaint for a major business entity) - my broker has clearly reported some of the sales of ETF "XYZ" to the IRS as "wash sales" and then they made several other mistakes including misreporting the actual proceeds of the sale - all of which can be determined from my downloaded monthly statements.
Yesterday before the holiday, I made a formal request that the broker review their 1099 and revise it and report the revision to the IRS. As a single individual I have no expectation that they will comply- because it is highly likely that I am not an isolated case and few fortune 500 companies want to admit that there fancy software just messed up and perhaps no human had the opportunity to review.
So could someone else please weigh in perhaps with another reference? It is unfortunate that the IRS does not appear to have a sense of humor (: Thanks again rjs!
