Donald Trump has been under fire from other GOP presidential candidates and some quarters of the media for not releasing his tax returns, saying it would be inadvisable since he is currently being audited by the Internal Revenue Service.
When pressed on the issue by CNN’s Anderson Cooper Tuesday night, Trump offered to get a letter from his financial team verifying he is under audit. Twenty-four hours later, Trump’s campaign released a letter from his law firm, Morgan, Lewis & Bockius, confirming his returns are “under continuous examination,” but it does not use the word “audit.”
“Your personal tax returns have been under continuous examination by the Internal Revenue Service since 2002,” the letter reads, “consistent with the IRS’s practice for large and complex businesses.”
Trump is currently under examination for each year since 2009, with the 2002 through 2008 examinations having been resolved “by agreement with the IRS without assessment or payment, on a net basis or any deficiency.”
As for why Trump couldn’t release returns for the years in which the examinations are already resolved, the letter states the ongoing examinations “report items that are attributable to continuing transactions or activities that were also reported on returns for 2008 and earlier. In this sense, the pending examinations are continuations of prior, closed examinations.”
Read the entire letter here.
The difference between the terms “examination” and “audit” may not seem like much, but attorney Jeffrey Blehar says it is an important one. Blehar claims Trump is attempting a “sleight-of-hand” with the letter.
It says no such thing. “Examination” not an “audit,” hugely diff and any tax atty could tell you as much. Amazing. https://t.co/0KVP8lWmHz
— Jeff B/DDHQ (@EsotericCD) March 31, 2016
Letter Trump released to media from attys re taxes actually confirms he’s LYING about being audited, but journos not attys so miss deceit.
— Jeff B/DDHQ (@EsotericCD) March 31, 2016
This may be my most boring tweetstorm ever, but let me explain tax terminology to you to show lie in Trump’s excuse for not releasing taxes.
— Jeff B/DDHQ (@EsotericCD) March 31, 2016
Trump says “I can’t release my taxes! Being audited!” Well, not really true that you can’t but whatever. Now he purports to offer proof. /2
— Jeff B/DDHQ (@EsotericCD) March 31, 2016
Trump “proof” in form of letter from his tax attys at Morgan Lewis. Good firm. They wrote using conscientious lang, like…attys do. /3
— Jeff B/DDHQ (@EsotericCD) March 31, 2016
Regular examination is, for a large corporate entity like Trump’s, par for course w/IRS. (obvious reasons: fraud otherwise inevitable) /4
— Jeff B/DDHQ (@EsotericCD) March 31, 2016
What that means is IRS DOES comb over Trump’s returns yearly. They also do with AT&T’s, or Apple’s, or the Koch Bros. Completely normal. /5
— Jeff B/DDHQ (@EsotericCD) March 31, 2016
AUDIT, however, quite diff from examination. That’s when IRS comes BACK at you and says “hold on buddy, we think you’re lying. Prove it.” /6
— Jeff B/DDHQ (@EsotericCD) March 31, 2016
Audit in that case can be over specific aspects of a return, or whole thing. But it’s an active involved process for auditee, not passive /7
— Jeff B/DDHQ (@EsotericCD) March 31, 2016
So now let’s look at language of Trump letter from Morgan Lewis: https://t.co/wRbgCmone9. Note wording. /8
— Jeff B/DDHQ (@EsotericCD) March 31, 2016
This paragraph is the tell. Trump’s returns examined on a regular basis by IRS just as they do for any large corp. pic.twitter.com/HziDcM9lwV
— Jeff B/DDHQ (@EsotericCD) March 31, 2016
But that’s standard practice any large corporate entity undergoes yearly w/IRS. It is NOT a formal audit. Which letter even stipulates! 10/
— Jeff B/DDHQ (@EsotericCD) March 31, 2016
So does IRS look over Trump’s fiings? Sure. Just like they would for any businessman w/complex holdings. But’s he’s not being audited. /11
— Jeff B/DDHQ (@EsotericCD) March 31, 2016
Trump doesn’t want to release his taxes for countless reasons. Heck, I wouldn’t want MY business aired for media scrutiny in his place. /12
— Jeff B/DDHQ (@EsotericCD) March 31, 2016
But Trump is engaging in a critical sleight-of-hand when he mischaracterizes normal course of business for someone like him as an audit. /13
— Jeff B/DDHQ (@EsotericCD) March 31, 2016
Most Americans don’t know jack about “continuous examination” by IRS for large biz concerns. But word AUDIT super-scary to average Joe. /14
— Jeff B/DDHQ (@EsotericCD) March 31, 2016
Thus ends the most boring series of tweets I’ve ever written. Back to the Velvet Underground live in 1969. /15
— Jeff B/DDHQ (@EsotericCD) March 31, 2016
Postscript: tax issue literally 200th least problematic thing re Trump. Could put his business out in street tomorrow, nobody would care /16
— Jeff B/DDHQ (@EsotericCD) March 31, 2016
Also, some ppl would see exam v audit as distinction w/o diff. If you’re regular guy & yr return “selected for exam” it’s oh-no moment. /17
— Jeff B/DDHQ (@EsotericCD) March 31, 2016
But it’s still different from audit process, where you’re now on the hook for alleged misrepresentations or omissions. /18
— Jeff B/DDHQ (@EsotericCD) March 31, 2016