I'm glad they consider Bitcoin money now. No more capital gains if I spend some.

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Another excellent point!

Similar tactic to Zimmerman defense - it forced the gov’t into a corner.

No different agencies have different classifications for Bitcoin.

FinCEN views Bitcoin as a currency.

The CFTC regards Bitcoin as a commodity.

The SEC considers Bitcoin as a security.

The IRS determine that Bitcoin is a property.

This seems like maybe enough ground to get a case thrown out or force some decisions to be made.