there are ETFs created for the sole purpose of circumventing this, by providing exposure to the same asset or market forces
the wash sale regulation has amendment aimed at preventing this by prohibiting trades of "substantially similar securities", but I don't think it passes muster or has any teeth. you report all the trades to the IRS its up to them to figure out if your UltraShares 3x Inverse Pez Dispenser ETF is substantially similar to the Direxion one