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I think this could well be the reason it initially only specified PoW! Which I think is probably just a reason that the best thing to do would be to strike this from the infrastructure bill, and then have a separate meeting to discuss crypto taxation without a deadline.
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As much as crypto-verse disagrees, the view from other side on this is reason they were ok exempting POW but not POS initially is bc they know what POW is and that it’s not a broker service — and, they say, they don’t want to go after miners at all
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Not sure they can afford to strike any revenue positive provisions and give deficit hawks a reason to block. Crypto sphere looks huge from the outside so their revenue estimates are likely insanely optimistic including this