Yes you can boldly declare Capital Gains Tax laws irrelevant and declare you will defy them, but most people will not. You are unlikely to do so in any way you are likely to be identified and prosecuted by your governments tax department too. These laws have been put in place, imo, to deliberately obstruct BTC MoE use. I agree given how Bitcoin was created as a P2P payments protocol the laws are absurd- but they are nevertheless the law/s and they do severely obstruct the lawful MoE use of Bitcoin.