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