San Antonio Express-News

$21 million tax break on Trump land eyed

- By Joshua Partlow, Jonathan O’Connell and David A. Fahrenthol­d

Five years ago, Donald Trump promised to preserve more than 150 acres of rolling woodlands in an exclusive swath of New York suburbia prized for its luxury homes and rural tranquilit­y.

In exchange for setting aside this land on his estate known as Seven Springs, Trump received a tax break of $21.1 million, court documents show.

The size of Trump’s tax windfall was set by a 2016 appraisal that valued Seven Springs at $56.5 million — more than double the value assessed by the three Westcheste­r county towns that each contained a piece of the property.

New York Democratic Attorney General Letitia James is investigat­ing whether the Trump Organizati­on improperly inflated the value of Seven Springs, according to filings in the case in August.

The investigat­ion also scrutinize­s valuations, tax burdens and conservati­on easements at Trump’s holdings in Los Angeles, Chicago and New York City.

Trump’s son Eric, who now helps run the Trump Organizati­on, sat for a deposition in the case Monday.

The Seven Springs appraisal, obtained by the Washington Post, appears to have relied on unsupporte­d assertions and misleading conclusion­s that boosted the value of Trump’s charitable gift — and his tax break, according to two independen­t appraisers who reviewed the document at the Post’s request.

The appraisal was written by Cushman & Wakefield, a commercial real estate firm that has worked with Trump over many years and whose New York headquarte­rs are in a building co-owned by Trump.

The firm establishe­d the value of the 212-acre estate by assuming a future buyer could build and sell 24 mansions on the land, without providing evidence such a subdivisio­n would meet local regulation­s.

Over two decades, Trump himself tried and failed to build on Seven Springs — first a golf course and later various housing developmen­ts — but the projects were stymied amid local opposition and environmen­tal disputes.

‘Misleading’

The appraisal also claimed the land preserved under the easement had no economic value of its own, which one independen­t appraiser described as “crazy.”

The tax break is calculated by subtractin­g the value of the conserved property from the value when it could be developed.

“This is not a good appraisal, and it’s misleading, and it’s thin as all get out,” said the first independen­t appraiser, who spoke on the condition of anonymity.

“What you get is appraised values for these 24 hypothetic­al lots that appear to be much higher than they ought to be.”

A spokesman for Cushman & Wakefield said: “We do not comment on ongoing litigation.”

The Trump Organizati­on’s chief legal officer, Alan Garten, said that he couldn’t comment because the investigat­ion is ongoing, but that “the allegation­s are categorica­lly untrue.”

Trump bought the property in 1995 for $7.5 million with the intention of transformi­ng it into an exclusive private golf course, with a stately clubhouse and luxury residences nearby, according to Trump’s public statements at the time.

But Trump’s building plans never came to fruition.

His project met with stiff resistance from neighbors and local officials who worried about traffic problems as well as environmen­tal degradatio­n, according to planning documents obtained through a public records request and news coverage at the time.

Trump also faced a complicate­d tangle of planning rules, as the property is spread over three neighborin­g towns: Bedford, North Castle and New Castle.

By 2004, the Trump Organizati­on had given up on the golf course and instead proposed building 15 homes on the site.

But his subdivisio­n plans also bogged down amid local opposition and a multiyear legal battle.

By May 2013, the Bedford planning board passed a resolution giving Trump’s company “final plat approval” to develop the residentia­l lots — pending a list of 26 conditions the Trump Organizati­on would have to meet within 180 days.

The Trump Organizati­on didn’t complete that process, and those conditions never were met, said Joel Sachs, the town attorney.

By the end of 2015, Trump had signed an agreement with the North American Land Trust, a nonprofit based in Pennsylvan­ia, promising not to develop 158 acres of Seven Springs, or about three-quarters of the property.

The mature deciduous forest of oak, maple and hemlock on Trump’s land stood adjacent to another nature preserve and clearly held ecological value, according to one person involved in the conservati­on easement who spoke on the condition of anonymity.

“That’s not even a question,” the person said. “This totally fits into land that gets preserved for conservati­on easements.”

But the key question was its monetary value — and how much Trump would get to deduct from his taxes by agreeing not to develop it.

Problems found

As the Seven Springs deal was being set up, appraisers from Cushman & Wakefield valued the property at $56.5 million, claiming that if it weren’t to be preserved, 24 homes, each worth an average of $2.1 million, could be built on the vacant part of the property, the document states.

But the two independen­t appraisers who reviewed the document found significan­t problems with that report.

For one, they said, the appraisal doesn’t mention Trump’s history of difficulti­es developing Seven Springs or offer much beyond unsubstant­iated assertions that such a subdivisio­n would comply with local planning rules.

“Imagine that we were wealthy developers and we were interested in purchasing that property from him,” McLaughlin said. “We would take into account that history. And we would say, ‘Well, gee, if we buy this property today, how likely is it that we are going to be able to develop it if he had all this problem trying to get the approvals?’”

A third person who reviewed the appraisal, Timothy Lindstrom, a Virginia attorney and conservati­on easement expert, cited some areas where the document might be “vulnerable” but found fewer problems with it.

“While there are no appraisals that are immune from IRS quibbling, my overall reaction to this appraisal was that it was competentl­y done and provided realistic values supported by proper analysis and data,” he said.

 ?? Johnny Milano / Washington Post ?? Over two decades, President Donald Trump tried to build on Seven Springs — first a golf course and later various housing developmen­ts.
Johnny Milano / Washington Post Over two decades, President Donald Trump tried to build on Seven Springs — first a golf course and later various housing developmen­ts.

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