Quote from ZoneTrooper:
Forex is taxed one of two ways.
If you make an internal record that you are trading 1256 Contracts, then you are taxed with a 60/40 split long cap gains/short cap gains.
Meaning, if you are profitable at years end, put a letter in your file cabinet and post date it 1/1 of the profitable year and sign it. (Hmm, probably not the honest thing to do, but who would know. I'm always profitable from year to year so this is not a problem for me.)
If you are unprofitable, hmm, forget the exact section of code, but I believe its 981 or something like that. This allows you to claim the whole loss right from your income.
And if you are a Refco Customer and profitable, you'll end up paying taxes on your profits, even though you can't get to those monies. (Which is where I fall in.) Your doomed, just doomed if you don't have the money some place else. Because the IRS just doesn't care. They will make you pay penalties. Your doomed I say. Because it is clear now that those monies will not be unfrozen until after April 15.
Is it really possible to claim all losses when we make relatively huge amount of money? I doubt I can claim my income becomes almost 0 or even negative because of FX trading then IRS doesn't audit it at all. If IRS requires the evidence, I would submit my trading record then they notice it's not cash currency trading but levaeraged forex trading. Do they still allow the trading covered by sections 988?