### Question
How does Capital Gains and Losses define commodities trader?


### Answer
Under *26 U.S.C. § 1258*, **commodities trader** is defined as:

> any person who is a member (or, except as otherwise provided in regulations, is entitled to trade as a member) of a domestic board of trade which is designated as a contract market by the Commodity Futures Trading Commission

#### Citation:
  - *26 U.S.C. § 1258*
  - Heading: **Subtitle A-Income Taxes > CHAPTER 1-NORMAL TAXES AND SURTAXES > Subchapter P-Capital Gains and Losses > PART IV-SPECIAL RULES FOR DETERMINING CAPITAL GAINS AND LOSSES**

