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Trump’s Legal Troubles

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 * Fact-Checking Trump’s Defenses
 * What if Trump Is Convicted?
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The I.R.S. believes that former President Donald J. Trump violated a law meant
to prevent double-dipping on tax-reducing losses.Credit...Jamie Kelter Davis for
The New York Times
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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 I.R.S. believes that former President Donald J. Trump violated a law meant
to prevent double-dipping on tax-reducing losses.Credit...Jamie Kelter Davis for
The New York Times

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By Russ Buettner and Paul Kiel

This article was published in partnership with ProPublica. Russ Buettner of The
New York Times has spent years reporting on the former president’s finances,
including decades of his tax returns. Paul Kiel of ProPublica has reported on
the I.R.S. and the ways the ultrawealthy avoid taxes since 2018.

 * May 11, 2024Updated 4:37 p.m. ET

Former President Donald J. Trump used a dubious accounting maneuver to claim
improper tax breaks from his troubled Chicago tower, according to an Internal
Revenue Service inquiry uncovered by The New York Times and ProPublica. Losing a
yearslong audit battle over the claim could mean a tax bill of more than $100
million.




LISTEN TO THIS ARTICLE, READ BY ERIC JASON MARTIN

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

But when Mr. Trump sought to reap tax benefits from his losses, the I.R.S. has
argued, he went too far and in effect wrote off the same losses twice.



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The first write-off came on Mr. 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 Mr. Trump reporting
losses as high as $651 million for the year, The Times and ProPublica found.

There is no indication the I.R.S. challenged that initial claim, though that
lack of scrutiny surprised tax experts consulted for this article. But in 2010,
Mr. Trump and his tax advisers sought to extract further benefits from the
Chicago project, executing a maneuver that would draw years of inquiry from the
I.R.S. First, he shifted the company that owned the tower into a new
partnership. Because he controlled both companies, it was like moving coins from
one pocket to another. Then he used the shift as justification to declare $168
million in additional losses over the next decade.

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Russ Buettner is an investigative reporter. Since 2016, his reporting has
focused on the finances of Donald. J. Trump, including articles that revealed
tax avoidance schemes evidenced on several decades of his tax returns. In 2019,
he shared a Pulitzer Prize for work that revealed the vast inheritance Mr. Trump
had received from his father. More about Russ Buettner

A version of this article appears in print on May 12, 2024 of the New York
edition with the headline: Audit of Trump Zeroes In On Disputed Accounting.
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