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I've never understood why people believe this 6 months you are no longer counted thing. It is simply not true. The calculation is simple: A person (aged 16-74) falls into one of three categories: 1) Worked for pay at least one hour 2) Did not work for pay at least one hour, but has made...

Trader status isn't relevant. The issue is whether or not you make the Mark-to-Market election. If you elect Mark-to-Market, your gains/losses are treated as ordinary income, not capital gains. At least for Federal purposes. You should check for any "exceptions" in your state tax laws.