And isn't that exactly thing that makes this 'unfair'? If this was a way that everyone could use to lower their taxes, I would have no issue with such practices.

But - as you rightly point out - if that was the case, these loopholes would be closed first thing in the morning. These are loopholes created by the extensive lobbying of an exclusive club of people that do not want this to be available for the common plebs, but exclusive to the rich boys (and gals) club.