In 2010, I traded actively (averaged over 20 round trips per day) from January to April on retail accounts, and then switched to a prop firm from May to December. I did not receive any tax forms from my prop firm, because I only get 1099s if I have a profit. I do have a record of all my trades with the prop account. Do you think the IRS would allow me to file as a trader? I have expenses of over 2% I want to try to deduct for last year. Also, even if I can file as a trader, I would not be able to deduct my losses over $3000, unless I had elected mark-to-market accounting by April 15, 2010. Is this correct?