I had some pretty big capital losses in 2008. Even if the market recovers it will take years to use them up.
I have some pretty small wash sales in 2008 (perhaps 0.005% of my other losses). They won't affect my taxes one way or another. With near certainty I will sell them (which will allow to actually take them) long before I use up my 2008 losses; so the net result will be the same whether I treat them as wash sales, or just take them now.
Does it really matter? I mean, I like to do things properly, but since I am not avoiding any taxes, would there be any reward (ie. avoidance of penalties) for doing it right?