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" ... 2. The S corporation or partnership is not in the business of trading financial instruments or commodities. All income earned from the trade or business of trading in financial instruments or commodities will generally be considered "net invesment income." Not this this provides much in the way of clarity, but the regulations defines financial instruments as “stock and other equity interests, evidences of indebtedness, options, forward or futures contracts, notional principal contracts, any other derivatives, or any evidence of an interest in these items.” ... "