The IRS has already given its authoritative opinion on the matter. Hive was the creation of a new asset. HF 23 was the upgrading of an existing asset.
Steem made it clear, so did Hive, so there isn't even really an argument.
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Have they?
Also, who cares what the IRS says?
They are exactly the type of authority we are trying to free ourselves from.
This isn't even an IRS issue IMO.
SEC authority applies here, if anything.
I am curious to see what you are talking about though.
You can find a clear explaination in the wikipeadia article for hard fork, ref.10
Here is the IRS .pdf:
https://www.irs.gov/pub/irs-drop/rr-19-24.pdf
There is actually an easy test, it wasn't a split because the history of hf23 will not diverge.
In theory people could run hf22, but it is not the consensus, so oddly it would be the new asset.
Nice, thanks.