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Is it possible to dispute a wash sale?
The IRS has been particularly vague about the "substantially identical" investment part of the wash rule.  Many brokers, Schwab for instance, say that only identical CUSIPs (exactly the same ETF) matter for the wash rule in their internal calculations, but warn that the IRS might consider two ETFs over the same index to be substantially identical.  In your case, the broker has chosen to call these a wash despite even having different underlying indices.  Talking to the broker is the first step as they will report it to the IRS.  Though technically you have the final say in your taxes about the cost basis,  discussing this with the IRS could be rather painful. First though it is probably worth checking with your broker about exactly what happened.  There are other wash sale triggers that frequently trip people up that may have been in play here.