What if trader fund ordinary losses were considered passive?

What if trader fund ordinary losses were considered passive?

The latest episode of The Albatross podcast is about seeding ETFs with appreciated assets in light of Treasury's new Notice 2026-62 and Revenue Ruling 2026-20.

 
 
 
 
 
 
 
 
 
 
 
 
 
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Tues, October 13, 2026: The tax-aware adviser community launches!

The community is for Tax Alpha Insider paid members that advise households: planners, advisers, CPAs, attorneys, family office professionals, etc.

Professor Daniel Hemel recently published a Tax Notes article on SSRN called Ordinary Loss Harvesting: A Tax Shelter of Treasury's Own Making.

I've written about trader funds several times, including What is a trader fund?, Trader fund losses can offset ordinary income, but must pass through a gauntlet, Why trader funds use swaps, and Trader fund Excess Business Loss (EBL) limit gets worse in 2026.

Treasury mentioned the funds in Notice 2026-62 (released Monday September 28, 2026), and so many investors and advisers are wondering what could come next.

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Quoted in WSJ, Bloomberg, and Barron’s. Published in The Journal of Wealth Management.