I think it is fundamentally wrong to have this capital gain category, because it's hurting corporations and federal at the same time, while only benefiting individuals with such "gain".
To me, "capital gain" shouldn't be considered dividends. The profit made by corporations, if it's transferred to individuals, it's not a real gain for corporations any more. Corporations are paying tax for that part of "profit", which only sits in the corporation account for 5 minutes, only to reduce the tax rate of those individuals.
Corporations had no net profit, so they shouldn't pay tax. Individuals are receiving income, and they should be taxed with the same rate. So, there will be no double taxing, and federal still receives same if not more tax money.
OTOH, there shouldn't be any capital loss either. The money you make in investment is real money, should be taxed as such, and the money you lose in investment is real money too, should be offset from your income.
Capital gain - the biggest loop hole.