FWIW, got a friend who bought in on BTC right before the crash. He's using the wash rules loophole and sold for a 5k loss to offset his gains tax on some stocks, then bought the BTC at the new lower price getting more BTC than before while net zero impact to taxes. Gotta think they'll close that soon.
Close what ? If he had a net capital loss in terms realized USD I see how its perfectly justifiable. If his Bitcoin gains in value and he liquidates it then he will have to pay the tax man then.