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Income tax is based on income earned, capital gains is based on a sale of a asset. There is definitely a difference.

> Income tax is based on income earned, capital gains is based on a sale of a asset.

but couldn't you claim that income is sale of personal time (an infinitely valuable, and non-renewable asset)?

If your personal time is infinitely valuable to yourself, why do you sell for way below that?

Yes, but that doesn't mean they should be taxed differently. You need more justification.