The definition of a “Trader” continues to be defined. Frequent buying and selling does not a “trader” make, these are not the sole criterion to qualify per the IRS.
The holding period of the securities is the key factor, according to the Tax Court. This case is a former Wall Street trader who went out on his own. Over 8½ months, he made only 189 trades, which averages less than a trade a day.
He lost almost $1.5 million. He also never once sold securities on the date that he acquired them. As a result, the Tax Court ruled that he was an investor for tax purposes and not a trader. So, his losses are a capital loss that can be used only to offset any capital gains, plus $3,000 of other income a year. The investment expenses are deductible only on Schedule A, subject to the 2%-of-AGI offset
This will case concern with a number of people who consider themselves “Traders”.
Van der Lee, TC Memo. 2011-234