The best way to prevent this deadly combination is to totally eliminate all deductions. The top rates would fall faster than Michael Moore in an intense gravitic field.
An investors net gain is still subject to "confiscatory tax rates" - don't you worry your little head about that. But saddle them with that on top of taxes on costs of doing business - you'll wind up with no risk takers, no entrepreneurs, just a bunch of unchecked commie rats dictating what you may have left of your enterprise to get by with. "Atlas Shrugged"
Maybe some notorious rich and powerful favor "progressive" tax rates (who don't know what money is) - I doubt that it is popular with most. Desire to "escape the tax code" - you bet. Nobody I know is asking for a 38% tax rate with AMT in the wings! That is foisted on the rising middle class by scumbag demagogues pandering to the populous poor wretched ignorant masses who can conceive of nothing better in their miserable lives despite living in this font of freedom and wealth.