Not everything is point of view. For example, mtgox distributed fiat to every single creditor. Do people think this isn’t taxable as income as well? How do you tax that for capital gains? The settlement was a settlement and involved parties got to choose Bitcoin for a distribution method of the settlement. We aren’t getting our BTC back. It’s a settlement and Bitcoin is the payout method some chose. People could have also chosen 100% fiat and if they did so they weren’t held to a different tax standard.