This dynamic can matter for tax purposes. If you roll a lot and into next year, the realized losses can shrink or eliminate your gains for this year and defer them to next year.
Is this in the gray area of wash sales? Brokerages don't consider rolling trades to be wash sales but this seems similar in the sense of a strategy to defer taxes.
I think the problem is it can mean two things to be "substantially identical": "considerably but not completely identical'; or "identical in substance" (e.g., a position in common stock and a synthetic long.) To me, the first meaning is nonsensical as it introduces a modifier to distort what the word "identical" means, which is "exactly alike", a yes/no binary condition.
Given the notoriously gray area around wash sales, I get the sense that if the IRS wanted to bring the hammer down on someone for deferring taxes in this way, they could, irrespective of what your broker's 1099 says. At that point, you'd probably have to get an attorney to settle with the IRS and/or litigate the issue if you wanted to fight it.
It's why I've considered trader tax status in the past - it removes the above uncertainty.
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