Maybe someday when bitcoin moons this will be challenged by rich people in court.

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Maybe. But most people with enough wealth to access the banking system avoid capital gains tax anyway, by borrowing against assets instead of selling the assets, then writing off the interest as a tax deduction.

Good point. One would be foolish to sell now. And when / if bitcoin volatility settles down, one would expect bitcoin price to still rise by inflation, and one would not expect inflation In paper currency to disappear because bitcoin appeared.