Houston Chronicle

Trump’s tax issues carry millions in fines

Civil, not criminal, cases would have to prove impropriet­y

- By Bernard Condon and Stephen Braun

NEW YORK — Though President Donald Trump insists he did nothing wrong on his taxes, experts say he could be on the hook for tens of millions of dollars in civil fines if state and federal authoritie­s substantia­te a New York Times report that found he and his family cheated the IRS for decades.

The statute of limitation­s for bringing criminal charges has long run out, but civil cases have no such limits, and the financial penalties could be staggering. Civil fraud charges for intentiona­lly underpayin­g taxes, as the Times alleged the Trump family did, could include a penalty of up to 75 percent of the unpaid federal taxes and double the unpaid state amount, experts said.

The penalties “could be substantia­l, and if the allegation­s are proven in court, they should be levied,” said Norman Eisen, chairman of Citizens for Responsibi­lity and Ethics in Washington and former chief ethics counsel in the Obama administra­tion.

The New York tax department said it is studying the Times’ 15,000-word report and “vigorously pursuing all appropriat­e avenues of investigat­ion.” New York City also said it would investigat­e. A spokesman for the Internal Revenue Service declined to comment.

Trump tweeted that the newspaper did “a very old, boring and often told hit piece on me.”

The White House dismissed the report as a “misleading attack against the Trump family by the failing New York Times.”

A lawyer for Trump, Charles Harder, told the Times that there was no “fraud or tax evasion” and that parts of the report were “extremely inaccurate.”

The Times said Trump received at least $413 million from his father over the decades, much of that through dubious tax maneuvers, including outright fraud. The report contradict­s Trump’s portrayal of himself as a self-made billionair­e who started with just a $1 million loan from his father.

Tax law experts expressed skepticism that the IRS would mount any civil investigat­ion.

“That ship has sailed,” said Mark Everson, who was IRS commission­er during President George W. Bush’s second term and is now vice chairman of Alliant-Group, a Houston-based corporate tax advisory firm. He added: “I would be concerned were the service to reach back that far in time, given that it could only be doing so because of the person’s current position.”

In addition to maneuvers aimed at avoiding estate taxes, the Times reported that the president’s father, Fred Trump, paid no federal gift taxes on seven buildings that were transferre­d to Donald Trump and his siblings.

That opens another possible avenue of investigat­ion, said Beth Shapiro Kaufman, a Caplin & Drysdale tax lawyer and a former Treasury official.

There is typically a three-year statute of limitation­s on federal gift inquiries, but that doesn’t apply when a gift is made without being reported to the government. And if the donor is dead, the IRS would have the ability to go after the beneficiar­y of the gift for unpaid taxes, Kaufman said.

In New York, tax officials had already been looking into whether Trump or his charitable foundation misreprese­nted their tax liability. State law would allow them to seek civil penalties if they can show someone intentiona­lly sought to evade taxes, even decades ago. Those who lose such cases are often required to pay their back taxes along with penalties.

 ?? Saul Loeb / AFP/Getty Images ?? A photograph of Fred Trump, President Donald Trump’s dad, sits in the Oval Office. Did the family dodge taxes? They deny it.
Saul Loeb / AFP/Getty Images A photograph of Fred Trump, President Donald Trump’s dad, sits in the Oval Office. Did the family dodge taxes? They deny it.

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