The Mercury (Pottstown, PA)

No collusion? We’ll see ... but what about tax fraud?

- Catherine Rampell Columnist

President Trump’s touchstone mob boss, Al Capone, famously went down for tax evasion when the feds couldn’t nail him on more serious crimes. Has Trump stopped to consider whether he could be headed for the same fate?

Trump and surrogates have argued that his former lawyer’s and his campaign chairman’s nearsimult­aneous legal losses don’t imperil the president himself. After all, none of the charges that Michael Cohen and Paul Manafort were convicted of this week involved Russian connection­s to Trump’s 2016 campaign.

Quoth the president: “And what’s come out of Manafort? No collusion. What’s come out of Michael Cohen? No collusion.”

As for the Cohen crimes that did directly implicate Trump — the campaign finance violations — the president and his people have argued that these are not actually crimes. After all, they’re so rarely prosecuted!

What about tax crimes, though?

To be clear, we don’t know whether Trump has violated any tax laws. But there’s a red flag in prosecutor­s’ filings against Cohen regarding the fate of hundreds of thousands of dollars in taxes one would expect to have been paid Uncle Sam.

The issue involves payments that the Trump Organizati­on made to Cohen as part of an agreement silencing adult-film actress Stephanie Clifford (aka Stormy Daniels) and how the company accounted for them.

Cohen paid Clifford $130,000. Trump’s company ultimately reimbursed him for this payment to the tune of $420,000.

Why so much more than the original hush-money amount?

Because the Trump Organizati­on peculiarly decided not to categorize the payment as a reimbursem­ent for an expense Cohen incurred.

Instead, according to prosecutor­s’ filings, the Trump Organizati­on falsely called the entire payment a “retainer” and accounted for it internally as “legal expenses.”

But income for legal services, unlike reimbursem­ent for airfare, would require Cohen to pay taxes on the payment, meaning he wouldn’t be made whole by a mere $130,000. So, the Trump Organizati­on “grossed up” the total to cover Cohen’s taxes (on both the $130,000 Clifford payment and a separate $50,000 payment Cohen made for “tech services”). It also added a $60,000 bonus.

Maybe Trump Organizati­on execs were helping hide an excessive campaign contributi­on, one of the charges Cohen pleaded guilty to.

Or maybe it was merely a payment for a personal legal settlement designed to “save” the “reputation” of Trump’s marriage.

Under neither explanatio­n, though, would the $420,000 be a legitimate business expense that Trump or his company could deduct on their tax returns.

This is not the only tax issue for which Trump could have some legal exposure.

New York state’s Department of Taxation and Finance this week subpoenaed Cohen as part of its investigat­ion into the Trump Foundation and whether Trump illegally used tax-subsidized charitable donations to settle his private companies’ legal disputes, pay personal expenses and help his campaign.

The state attorney general has already filed a civil suit against Trump, while leaving open the possibilit­y of criminal charges.

There’s an easy way for Trump to clear up these concerns: He could release his tax returns.

Or maybe Congress could help a brother out and release his returns for him — which it could do by majority vote in any of three committees.

That would, of course, require a Republican or two to “flip” — which I know could pose a problem.

As Trump and Capone could both tell you, the family doesn’t care for rats.

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