No one is forcing Buffet to list his income as captital income.. He could list is ordinary income if he wants and pay the higher rate.
I don’t know when the IRS changed the rules or if they did, but....
If a CEO like Buffet creates wealth for the company through his brilliance, he HAS TO TAKE A SALARY COMMENSURATE WITH HIS CONTRIBUTION TO THE BOTTOM LINE.
In Buffet’s case, I would say that his taxable salary should be at least $200M/yr.