From what I can tell this rule seems to screw day traders if they are trading the last month of the year. Other months it does not seem to be a problem. Is that correct?
I think what you are referring to is, in the last month of the year, you are fucked if things don't work out because you have to wait 30 days to get out of the rule, and by then you are into the next year... And don't forget, the 30-day window also counts BEFORE the cap-loss. SO it's more complicated than that. That said, on rare occasion it could be beneficial to a trader to carry the wash into the next year, (usually not). I have heard rumors that TDAmeritrade keeps track of washes, at least for stocks. Not sure if it takes into account the options side of it.