Well tax law is the same for everyone and wash sales are a part of tax law. Not sure if changing lot selections after the trade within the settlement date is just an etrade thing or all brokers have the same rule. So if I were you and you are not an etrade customer call your broker and ask them if you are permitted to change lot selection after a trade and if so, is there a window of time to when you may do it.
If you have a good sized tax burden that means you did something right this year - you made a decent amount of money. Be glad you have those losers in your account and sell them so you can offset your gains and not be hit with a huge tax hit. Who cares if they come back. (I'm a bounce player - just about every stock I sell eventually comes back but I am short term and don't care). Don't be holding old stocks just in case. Use the old losers to offset your gains. If for some reason you really think a penny may come back, wait 30 days and rebuy it at the end of January or early February.
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