Yes, indeed. It completely defeats the purpose of the law, which is why the suggestion is akin to your A solution (that it should be invalidated/removed).

The law doesn't encode "purpose" or "spirit", the law only exists as written. When applying the law, and tax law especially, it's counterproductive to speculate as to "spirit" or "purpose", and best to focus just on what the law actually is, because that's the only part that really counts as "democratic". Intentions and ideals weren't voted on, the actual literal text of the law was.

Or like abortion. The new abortion rules in conservative states are betting they can sway the federal gov if a lawsuit arises, but its based on the assumption they'll get to ignore the gov.

That happened in North Carolina (albeit before weed legalization had gained momentum):

https://en.wikipedia.org/wiki/North_Carolina_Amendment_1

There's no such thing as the "spirit of the law", just like there's no such thing as the "spirit of the code".

If you leave a buffer overflow it will get exploited no matter what. Same thing with the law.