Take a look at the language in the Fidelity statement "...it could be argued..."
Fidelity is correct. It could be, but that won't be on Fidelity's dime.
As has been noted, should you win the audit lottery, an agent, their manager, their technical group manager, etc. could take a different position. This will involve your time, professional fees, etc. to argue your position; and maybe not even prevail.
Is it worth the risk?
Notice Schwab dabbles in this area, but aren't as aggressive in their comment:
ETFs and mutual funds present investors a different set of challenges. Switching from one ETF to an identical ETF offered by another company could trigger a wash-sale. There are ways around this problem. For instance, an investor holding an ETF indexed to the S&P 500 at a loss might consider switching to an ETF or mutual fund that is indexed to a different set of securities, such as the Russell 1000 or Dow Jones Industrial Average.
I agree you need to be cautious in the mix of the fund. These cases will always be determined on each specific set of facts and circumstances.
*A reminder that posts in a forum such as this do not constitute tax advice.
Also keep in mind the date of replies, as tax law changes.
