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.

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in classic literature ?
"Well, you'll let me have the boy, though," said the trader; "you must own I've come down pretty handsomely for him."
It's always best to do the humane thing, sir; that's been my experience." And the trader leaned back in his chair, and folded his arm, with an air of virtuous decision, apparently considering himself a second Wilberforce.
They an't pop'lar, and they an't common; but I stuck to 'em, sir; I've stuck to 'em, and realized well on 'em; yes, sir, they have paid their passage, I may say," and the trader laughed at his joke.
Shelby, and the trader bowed himself out of the apartment.
Now, it had so happened that, in approaching the door, Eliza had caught enough of the conversation to know that a trader was making offers to her master for somebody.
Still she thought she heard the trader make an offer for her boy;--could she be mistaken?
missis, missis," said Eliza, "there's been a trader talking with master in the parlor!
The heaviest load on his mind, after his conversation with the trader, lay in the foreseen necessity of breaking to his wife the arrangement contemplated,--meeting the importunities and opposition which he knew he should have reason to encounter.
The constant study of the rival bands is to forestall and outwit each other; to supplant each other in the good will and custom of the Indian tribes; to cross each other's plans; to mislead each other as to routes; in a word, next to his own advantage, the study of the Indian trader is the disadvantage of his competitor.
The house deserted, he entered the sleeping room, where the trader lay in a doze.
Traders at the Abakpa Main Market have been offered free movement into shops in lots two and three of the International Market for the next one year by Ebonyi State government.
ISLAMABAD -- The Federal Board of Revenue (FBR) and traders' representatives met on Friday in search of an agreement on implementation of a fixed tax regime for traders, as well as continuing discussions on the newly imposed requirement for traders to retain a CNIC copy of all parties with whom they transact.