Abstract
The paper develops an analytical model that can be used to guide courts in the tax classification of day stock traders as investors or traders. Present tax laws do not clearly distinguish between a trader and an investor yet each classification has different tax consequences. Accordingly, the issue has been left to the judicial system to arbitrate between the Internal Revenue Service and taxpayers. The judicial system has developed its classification guidelines. However, some of the judicial classification guidelines are arbitrary and somewhat confusing. The analytical model developed herein can be used to streamline some of the judicial guidelines.
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