Ok, I realize none of you are accountants, but just wanted your opinions. If someone makes about 10-20 swing trades a week, yet maintains another full-time job, can that person ever get out of the investor election with taxes?
Can you be more clear. Not sure what you mean by investor election. You don't need to "elect" being an investor. If you're referring to "trader in securities" as your profession (ie. day trader), 20*52 is just over 1000 trades a year, which would seem just over the line to be considered an active day trader. However, having a full time job and "only" 10-20 swing trades a week probably indicates that timewise you are not spending a significant amount of time trading as compared to full time traders. More likely you are an "active investor". You could surely try, but if audited, it may be difficult to defend your position. Consulting an accountant would be safest...