Ad: BlueJ Better Tax Answers. -Accomplish hours of research in seconds -Instantly draft high-quality communications -Verify answers using a library of trusted tax content. Learn more

Tax Court: 200 Stock Transactions/Year Not Enough to Confer “Trader” Status on Day Trader

The Tax Court on Friday held that a day trader who engaged in 46 purchases and 14 sales (in 2002) and 109 purchases and 103 sales (in 2003) was an "investor" and was not a "trader" engaged in the securities business because the numbers of stock purchases were not "substantial."  Cameron v. Commissioner, T.C. Memo. 2007-260 (8/30/07).  Cf. Moller v. United States, 721 F.2d 810 (Fed. Cir. 1983) (83 purchases and 41 sales in one year, and 76 purchases and 30 sales in the following year, were not substantial); Mayer v. Commissioner, T.C. Memo. 1994-209 (1,100 sales and purchases were substantial). The Tax Court in Cameron also noted that note that "petitioner’s collecting unemployment compensation during 2003 further undermines his argument that he was engaged in a trade or business during that year."


About the Author

Ad: BlueJ Better Tax Answers. Blue J's generative AI tax research solution is transforming how tax experts work. Learn more.
Information and rates on advertising on TaxProf Blog

Discover more from TaxProf Blog

Subscribe now to keep reading and get access to the full archive.

Continue reading