#Trump May Owe $100 Million From #DoubleDip Tax Breaks, Audit Shows

A previously unknown focus of an #IRS audit is a dubious accounting maneuver that effectively meant taking the same write-offs twice on his #Chicago skyscraper.

#TaxFraud #fraud #law
https://www.nytimes.com/2024/05/11/us/trump-taxes-audit-chicago.html?smid=nytcore-ios-share&referringSource=articleShare&sgrp=c-cb

Trump May Owe $100 Million From Double-Dip Tax Breaks, Audit Shows

A previously unknown focus of an I.R.S. audit is a dubious accounting maneuver that effectively meant taking the same write-offs twice on a Chicago skyscraper.

The New York Times

The 92-story, glass-sheathed skyscraper along the #Chicago River is the tallest &, at least for now, the last major construction project by #Trump. Through a combination of cost overruns & the bad luck of opening in the teeth of the Great Recession, it was also a vast money #loser.

But when Trump sought to reap #tax benefits from his losses, the #IRS has argued, he went too far & in effect wrote off the same losses twice.

#law

The first write-off came on Trump’s #tax return for 2008. With sales lagging far behind projections, he claimed that his investment in the condo-hotel tower met the tax code definition of “worthless,” because his #debt on the project meant he would never see a profit. That move resulted in #Trump reporting losses as high as $651 million for the year, The Times & ProPublica found.

#law #fraud
https://www.propublica.org/article/trump-irs-audit-chicago-hotel-taxes

IRS Audit of Trump Could Cost Former President More Than $100 Million

The tax agency concluded in its long-running investigation that Trump effectively claimed the same massive write-off twice on his failed Chicago tower.

ProPublica

There is no indication the #IRS challenged the initial claim,…that lack of scrutiny surprised #tax experts…. But in 2010, #Trump & his tax advisers sought to extract further benefits from the #Chicago proj, executing a maneuver that would draw yrs of inquiry from the IRS. First, he shifted the company that owned the tower into a new partnership.…like moving coins from one pocket to another. Then he used the shift as justification to declare $168M in additional losses over the next decade.

#law

…reporting by NYT & ProPublica about the #Chicago tower reveals a 2nd component of Trump’s quarrel w/the #IRS. This account was pieced together from a collection of public docs, including filings from the NYAG’s suit against #Trump in 2022, a passing reference to the audit in a congressional rpt that same yr & an obscure 2019 IRS memo that explored the legitimacy of the accounting maneuver. The memo did not identify Trump, but the docs, along w/tax records…indicated Trump was the focus.

#law

…The outcome of #Trump’s dispute could set a precedent for #wealthy people seeking #tax benefits from the laws governing partnerships. Those #laws are notoriously complex, riddled with uncertainty & under constant assault by lawyers pushing boundaries for their clients. The #IRS has inadvertently further invited aggressive positions by rarely auditing partnership tax returns.

#law #fraud

Beyond the 2 episodes under audit, reporting by The NYTimes in recent years has found that, across his business career, #Trump has often used what experts described as highly aggressive — & at times, legally suspect — accounting maneuvers to avoid paying #taxes. To the 6 #tax experts consulted for this article, Trump’s #Chicago accounting maneuvers appeared to be questionable & unlikely to withstand scrutiny.

#law #fraud

@Nonilex the whole problem is that "questionable and unlikely to withstand scrutiny" isn't a big deal in the tax world. A tax "position" has to be judged by your accountants as having less than a 30% chance of working in order for you to even need to bother disclosing it to the IRS.

So if Trump took a hundred million dollar position that only withstood scrutiny 30% of the time, but only gets detected 50% of the time, he's expecting to come out on average 35 million ahead.

@Nonilex and even if it's caught, because it was a "reasonable position" the penalties are fairly minimal.