Okay, I hope this explanation helps you understand the difference between Bitcoin being treated as legal currency and as property.......
[1] When Bitcoin is treated as "property" (like it is now), every time you trade or use it, thats a taxable event, and youll need to pay capital gains tax if you profit from the transaction.
[2] On the other hand, if Bitcoin were treated as "legal currency/tender," you could use it for daily transactions without it being taxable, just like when you use fiat for your everyday spending.
You are talking about the capital gains tax in the US, which I take to mean you wish you didn't have to pay.
But understand that you only pay capital gains tax when the property in question increases in value.
Do you also wish, therefore, for Bitcoin to henceforth never appreciate in value?
The US still not consider Bitcoin as a legal tender, but I have not read they announce something like "US Dollar is the only legal tender, the rest are not legal", so using Bitcoin as a currency is still in grey area.
It's all fine until SEC officially announce if using Bitcoin as a currency is illegal.
Bitcoin is no more in any sort of "grey area" than any other object of value. They will sooner announce Bitcoin is illegal than they will announce grapefruits are illegal.
The US has the the majority of the world's hashrate, we have most of the holders of Bitcoin, and thousands of new products around Bitcoin and crypto have been created in the past few years including by major US financial players such as PayPal.
I get that some people need to feel like they are doing something "dirty" when they are trading Bitcoin, but the actual reality is that it's absolutely positively
legal, and there's absolutely no sign that will change.
And spreading these lies about Bitcoin diminishes its value so please stop it.Just because
you need to feel like you are "fighting the man" by owning Bitcoin, most investors don't want to fight their government and do illegal things, so if they believe you they will
stop buying Bitcoin and the price will plummet.