Thank you for posting; you seem to know more than most about this. In general, do you think a trader who meets TTS, but has not filed that way, would benefit from employing Green, who they say is expensive, and filing with TTS, if he only trades futures (no stocks) and thus already gets 60/40, and has profits of $100k and trading expenses = $20k? Also, would it be further beneficial to establish an entity, which seems like it may be a lot of extra work, maybe increase data costs to pro, etc.? The only other income would be $60k pension and interest. TIA!
I am NOT credentialed, therefore not legally qualified to give tax advise. I can offer my opinion only. IMO, your trading profits, 100K, is too little to concern and complicate your matters with this potentially jeopardizing stuff. Everyone of course is different, and I am sure there are facets to your world have not been mentioned, but, 100K trading profits is too small. IMO
There are a couple of "quick and easy guideline tests", IMO, that one can use regarding this too little aspect. These are my ideas. I have not seen them suggested elsewhere, maybe for good reason, LOL, IDK.
The first one is the current social security taxable earnings limit... for 2018 it is $128,400. For 2019 it is $132,900. If your trading profits are less, the business trader road might not be beneficial.
The other is more complicated, and specific to futures...Take a look at how much you could lease a seat on the exchange for, and see how beneficial it would be for you. Savings on commissions and fees, SE-tax, professional data fees, monthly seat lease, etc, etc. If this exercise suggests you will benefit, than it may be a good idea to seek professional advise. Another thing it can tell is at what point leasing a seat would make sense. Remember, this exercise is fact gathering. Leasing a seat is not necessary for business trader taxation.
Where I differ from many here is that I went down this road for one reason... for earned income. Green saved the day for guys like me. While earned income is tax-related, taxation was not my reason. From there, well...
HTH.