Insights & Regulatory Updates

Crypto Isn’t Subject to Wash Sale Rules—and That’s a Good Thing
Opinion K. Braeden Anderson Opinion K. Braeden Anderson

Crypto Isn’t Subject to Wash Sale Rules—and That’s a Good Thing

Tax policy and cryptocurrency often intersect in fascinating and sometimes contentious ways, and one prime example is the ongoing debate over the application of the wash sale rules to digital assets. These rules, codified under section 1091 of the tax code, are a cornerstone of tax law for traditional securities, designed to curb tax-motivated sales. However, they currently do not apply to crypto assets—and that’s not a loophole; it’s a deliberate and defensible policy decision rooted in sound tax principles.

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U.S. Treasury’s Overreach in Crypto Broker Reporting Sparks Industry Outrage
Opinion K. Braeden Anderson Opinion K. Braeden Anderson

U.S. Treasury’s Overreach in Crypto Broker Reporting Sparks Industry Outrage

Recent developments in Treasury’s crypto broker reporting regulations have ignited heated debate across the digital asset community. At the heart of the controversy lies a significant overreach: Treasury’s expanded definition of “broker” now includes entities like informational websites, platforms with "connect wallet" features, and other services that merely provide users with data they can use to transact on blockchain networks. This interpretation, codified in TD 10021, has drawn sharp criticism for its legal overextension and potential to stifle innovation in the burgeoning crypto sector.

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Should the SEC and CFTC Merge? A Comprehensive Analysis of a Long-Standing Debate
Opinion K. Braeden Anderson Opinion K. Braeden Anderson

Should the SEC and CFTC Merge? A Comprehensive Analysis of a Long-Standing Debate

The longstanding debate over merging the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) has gained fresh urgency after Elon Musk and Vivek Ramaswamy have reignited the conversation. While advocates argue a merger could simplify crypto regulation and bolster systemic risk management, critics warn of operational disruptions and political resistance. This article revisits the history of the merger debate, its modern relevance, and its implications for the future of U.S. financial regulation.

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The Supreme Court in 2025: A Conservative Court in a Changing America
Opinion K. Braeden Anderson Opinion K. Braeden Anderson

The Supreme Court in 2025: A Conservative Court in a Changing America

The Supreme Court’s conservative majority reflects more than an ideological leaning—it mirrors the divisions and debates that define American society. For every voice warning of regression, another celebrates restraint and constitutional adherence. For every fear of rights curtailed, there’s a hope for balance restored. The Court’s decisions, however consequential, do not dictate the nation’s future.

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Opinion: U.S. Congress Must Establish a Clear Regulatory Framework for Crypto Assets to Maintain Western Leadership in Financial Innovation
Digital Assets, Crypto Assets, Opinion K. Braeden Anderson Digital Assets, Crypto Assets, Opinion K. Braeden Anderson

Opinion: U.S. Congress Must Establish a Clear Regulatory Framework for Crypto Assets to Maintain Western Leadership in Financial Innovation

By now, we all know that cryptographic blockchain has the potential to revolutionize the transfer of value over the internet—quickly, inexpensively, and without intermediaries. With mass-adoption, a blockchain-powered immutable public ledger of transactions could reshape financial systems globally. Yet, like any transformative technology, its long-term success hinges on legal and regulatory clarity. It is time for Congress to establish a comprehensive, sensible framework for regulating crypto assets.

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