Because that's not a solution. If someone breaks into your house and steals your TV it's still theft even if they leave behind the same amount of money that you originally paid for it. And the same should apply here.
Absolutely right, but it's not intended to be a solution, it's intended to make the dodgy the tax scheme more expensive, and hopefully no longer economically viable.
(Ideally in these situations all rights should also revert to the original creator).