Don't bother with LLC or Incorporation. Any amount of the loss can be used to offset capital gains. What you need to do is have gains to use up the losses. Any amount of losses can be applied against gains. Well, in theory that's great news. But, there are years where the losses more than exceed the gains, and for a lot more than $3000. Is there anything else better than simply deducting a mere $3000 a year?