Trader
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trader
in U. S. income tax law, a person who deals in property as a business, making several purchases and sales within a year as distinguished from a few sales of assets held for investment. Thus a trader will lose the right to defer capital gains by "exchanging" for another property. The exact details require consultation with a C.P.A. or attorney.
TRADER. One who makes it his business to buy merchandise or goods and
chattels, and to sell the same for the purpose of making a profit. The
quantum of dealing is immaterial, when an intention to deal generally
exists. 3 Stark. 56; 2 C. & P. 135; 1 T. R. 572.
2. Questions as to who is a trader most frequently arise under the
bankrupt laws, and the most difficult among them are those cases where the
party follows a business which is not that of buying and selling
principally, but in which he is occasionally engaged in purchases and sales.
3. To show who is a trader will be best illustrated by a few examples:
A farmer who in addition to his usual business, occasionally buys a horse
not calculated for his usual occupation, and sells him again to make a
profit, and who in the course of two years had so bought and sold five or
six horses, two of which had been sold after be bad bought them for the sake
of a guinea profit, was held to be a trader. 1 T. R. 537, n.; 1 Price, 20.
Another firmer who bought a large quantity of potatoes, not to be used on
his farm, but merely to sell again for a profit, was also declared to be a
trader. 1 Str. 513. See 7 Taunt. 409; 2 N. R. 78; 11 East, 274. A butcher
who kills only such cattle as be has reared himself is not a trader, but if
he buy them and kill and sell them with a view to profit, he is a trader. 4
Burr. 21, 47. See 2 Rose, 38; 3 Camp. 233 Cooke, B. L. 48, 73; 2 Wils. 169;
1 Atk. 128; Cowp.745. A brickmaker who follows the business, for the purpose
of enjoying the profits of his real estate merely, is not a trader; but when
he buys the earth by the load or otherwise, and manufactures it into bricks,
and sells them with a view to profit, he is a trader. Cook, B. L. 52, 63; 7
East, 442; 3 C. & P. 500; Mood. & M. 263 2 Rose, 422; 2 Glyn & J. 183; 1
Bro. C. C. 173. For further examples, the reader is referred to 4 M. & R.
486; 9 B. & C. 577; 1 T. R. 34; 1 Rose, 316; 2 Taunt. 178; 2 Marsh. 236; 3
M. & Scott. 761; 10 Bing. 292 Peake, 76; 1 Vent. 270; 3 Brod. & B. 2 6
Moore, 56.