[pas]

> This is a subtle loophole, which probably did not admit an easy patch [...]

That's probably false. It's enough to make sure entities holding shares can never set up a system to avoid paying taxes on them. And in any case holding shares can not result in net gain (so no tax credit can result from holding shares).

The law always can be amended and further complicated, even in inconsistent ways! And let courts sort it out. (And then fix it again, and repeat.)