But the problem is creating a definition that targets situations like these. Technically Mr Paulson is not an employee of the corporation in which he manages his money, he is an owner. As an owner, he is entitled to dividends from profits made. Just like if I owned stock in a company that paid dividends.
No it's not fair, but I can assure you, if the government got involved and tried to make it "right," they're going to end up hurting more people inadvertently, when all they intended to do what make it fair. The government always does that. Look at the credit card rule fiasco. Now all the banks are charging more and more fees and for everything from checking accounts to debit cards.
You cannot trust the government to "regulate" anything. It only causes more harm than good. It's like asking a caveman to repair a pocketwatch, they will break everything in sight and we'll be worse off in the end.
But income from dividends isn't inherently better or different from income derived from wages or contracts, so why should it get preferential tax treatment? In Mr. Paulson's case, he risked his own money, but he also received a bonus. Why is his bonus deserving of a lower tax rate than mine?
Look at two lawyers, each with $10 million in earnings after expenses. One lawyer (let's call him John Edwards) incorporates, pays himself in dividends, and pays a 15% tax rate. The second lawyer (let's call him John Public) pays himself wages and bonuses and pays a 37% tax rate for the same activity and earnings. How is this reasonable?
I appreciate your comments about government getting involved and making things worse, but government is by definition inherently involved with tax rates and classifications. Government set the old high capital gains rates, government set the new lower capital gains rates, and government will set the new capital gains rates, all according to politics, to a vision of what is good and what is bad for society if not just for a pure desire to punish or reward certain groups.
As to creating a definition, one simple rule is to tax all income the same. Another is IBMer's idea, that capital gains below wages (or below a specific set level) is taxed less whilst capital gains above that is taxed as income. A third is to tax anything held more than, say, two years at a lower rate while taxing shorter transactions at a higher rate. As tax code issues go, this one doesn't seem that difficult.