To: Ilaine who wrote (97506 ) 4/24/2001 8:20:31 AM From: Ilaine Read Replies (1) | Respond to of 436258 Someone was talking about tax filing status as a professional trader last week. From Briefing.com: >>The Ever Obscure Loophole There seems to be no shortage of ideas on how to get out of paying taxes. A common one that we have heard is the idea that one establish oneself as a "professional trader." Not being tax experts, we can offer no advice on the advisability of this approach or the pros and cons of taking it. But we do know that some of your fellow Briefing.com readers file consider themselves "professional traders," and they treat their capital gains/losses as "business revenue" instead of income. Here's how one reader who asked for anonymity described it: Having elected to start a Schedule C business as a "trader," during year 2000 we treated capital gains and losses as income and losses from a business. You check on line F, Accounting Method, "Other" and write "Mark-to-market." At the end of the year, you "mark all of your positions" to market value (as if you had sold them). All your realized and unrealized capital losses turn into "operating losses" for the business. This is all legal, although subject to interpretation, and you never know if you are safe or not using this mechanism. You use Form 4797 (sale of non-depreciable business property) to show all of your stock trades -- not schedule D. You then use form 1045 for Net Operating Loss (Application for tentative refund). These losses can then be carried back two years (for the IRS... state laws may vary... for example, California only allows carry forwards). Part of the NOL form will compute how much money you should get back. Using this mechanism, the legitimate trader (not just the casual investor), should legally, be able to apply all of his or her stock losses to offset any taxable gains (income or capital) from years 1998, 1999, and 2000... " Again, Briefing.com cannot offer any advice regarding this approach, other than "Consult a tax professional." <<www2.briefing.com I don't know what it takes to qualify as a professional trader. From the IRS, how to calculate a net operating loss carry back or carry forward - note, this does *not* apply to capital gains, unfortunately, just to losses in your trade or business, unimbursed business expenses as an employee, casualty and theft losses, moving expenses, and losses incurred from rental property.ftp.fedworld.gov