IRS denies trader tax status

how can the IRS prove to a judge you are a criminal if you can show there was a discrepancy between ES and YM that you tried to profit from?Even if it doesnt work its not like its illegal to put losing trades

 

I'm sure there would be no question at all if done within the same account.

 

After reading this i have concerns. If we can't file MTM then we are f-ed. I will call green on monday. I have equities gains futures gains and this news is not good.

 

Spoke to green nothing to concern us at this point.

 

Can't you solve this problem by incorporating? Limited liability is kinda essential for anyone using leverage anyway.