If the sale of a loss position would have resulted in a capital loss, you treat the carryover loss as a capital loss on the date it is allowed, even if you would treat the gain or loss on any successor positions as ordinary income or loss. Likewise, if the sale of a loss position (in the case of section 1256 contracts) would have resulted in a 60% long-term capital loss and a 40% short-term capital loss, you treat the carryover loss under the 60/40 rule, even if you would treat any gain or loss on any successor positions as 100% long-term or short-term capital gain or loss.
Exceptions. The rules for coordinating straddle losses and wash sales do not apply to the following loss situations.
◎ Loss on the sale of one or more positions in a hedging transaction. (Hedging transactions are described under Section 1256 Contracts Marked to Market, earlier.)
◎ Loss on the sale of a loss position in a mixed straddle account. (See Mixed straddle account (Election C), later.)
◎ Loss on the sale of a position that is part of a straddle consisting only of section 1256 contracts. Holding Period and Loss Treatment Rules The holding period of a position in a straddle generally begins no earlier than the date on which the straddle ends (the date you no longer hold an offsetting position). This rule does not apply to any position you held more than 1 year before you established the straddle.