In particular, it may be difficult to determine whether principal risk has been retained because (i) the retention of such risk is necessary to provide intermediation and liquidity services for a relevant financial instrument or (ii) the position is part of a speculative trading strategy designed to realize profits from price movements in retained principal risk.
Even if you never show a profit, you can claim your losses if you can show you had good reason to believe you might make money--a chance for a substantial profit in a speculative venture is enough--and adjusted your strategy or quit the business when it didn't pan out.