Did Trump leak his own tax returns?

Trump speaks at annual Friends of Ireland St Patrick’s Day lunch in Washington

Trump speaks at annual Friends of Ireland St Patrick’s Day lunch in Washington

Published Mar 18, 2017

Share

New York - When news broke Tuesday night that MSNBC's

Rachel Maddow planned to release some of President Donald Trump's previously

unseen tax returns, the administration wasted little time in replying. Maddow

tweeted about the upcoming story at 7:36 p.m., and by 8:23 p.m., the White

House was dismissing the story in a statement. After outlining how much was

paid and how much income Trump earned, the statement went on to bash the

media's handling: "Despite this substantial income figure and tax paid, it

is totally illegal to steal and publish tax returns."

All of this half an hour before the segment aired.

When the segment did air, the journalist who'd received

the documents offered an interesting theory: Perhaps Trump himself had leaked

the returns.

"Came in the mail, over the transom," David Cay

Johnston told Maddow, when asked how he obtained the file. "And, by the

way, let me point out it's entirely possible Donald sent this to me. Donald

Trump has over the years leaked all sorts of things … The front pages of the

state tax returns we had that were sent to the New York Times and the New York

Daily News last fall may have come from Donald. Donald has a long history of

leaking material about himself when he thinks it's in his interests."

Johnston went on to say that he thought this was only a

possibility, but the idea quickly caught fire online.

One detail in the returns jumped out at people as being

particularly significant. On the second page, in lieu of a signature from

Trump, the document was stamped "Client Copy" - suggesting to many

that this was a document that could have come only from within Trump Tower.

Before we dig into that, though, let's discuss what else

we know about where the returns came from.

Top line details

On his website, Johnston explains the top line details.

The document was mailed to him anonymously, through the US mail. Two addresses

are readily available for him online, one his personal address in Rochester,

N.Y., and the other a post office box in that city. (It's not clear which

address received the file; an email to Johnston was not returned. An emailer

notes that the encoded pattern under the address reveals that the letter was

sent to Johnston's home.) That Johnston would be chosen for a leak isn't a surprise,

given that he has written about Trump's taxes regularly - and even wrote a book

about the president.

Johnston gave a few more details during an appearance on

ABC's "Good Morning America," including that there was no return

address on the envelope. (The file received by the Times to which Johnston

referred on Maddow's show had the return address of Trump Tower.) An image of

the envelope was released Wednesday morning, showing a postmark of Westchester,

New York - an affluent suburb of New York City - on March 9.

He also said he didn't think it was likely that Trump

leaked them himself, given how angry the White House's response was. And,

perhaps, how personal; the Times's Maggie Haberman pointed out that the use of

"totally" in the White House statement is very much a hallmark of a

Trump comment. Johnston also pointed out on ABC that Trump doesn't like him

much, making it less likely that Trump would single him out for this attention.

Read also:  Trump blasts release of 2005 tax form

Let's turn back to that "client copy" stamp.

Steven Goldburd, a tax lawyer in New York, explained over the phone what that

stamp might mean. Certainly, as Johnston said on ABC, it could mean that it

came from someone "who either worked at the accounting firm or had

connections to it" - but that's hardly the only possible source.

"Anything that is coming from an accountant would be

stamped with 'client copy,'" Goldburd said. "The question is more: So

who else has copies of his returns other than just his accountant and Mr.

Trump?"

One possibility? "Anytime Donald went for a mortgage

- especially if it was a personal mortgage of any sort," he said,

"any type of loan would have required him to disclose his tax returns to

the banks. So any bank that he has dealt with in the past would theoretically

have a copy of this return."

We do have some data on Trump's finances because of the

personal financial disclosures he has filed in accordance with federal law. In

his 2016 filing, there's an example of the sort of loan to which Goldburd was

referring. At some point in 2006, Trump took out a mortgage loan from UBS Real

Estate Investments in the range of $5 million to $25 million.

(For what it's worth, more than two dozen UBS employees

in New York state gave money to Hillary Clinton's 2016 presidential campaign,

most of them based in the New York City area.)

Most recent?

If the loan came in the latter part of 2006, the 2005

return would have been the most recent available to be submitted to the bank.

This isn't the only possible loan, of course. It's listed on his PFD because

the loan matured in 2016. Loans that matured on a shorter time frame (and

therefore may have been repaid) wouldn't be listed. What's more, Goldburd

notes, the 2005 returns could have been submitted as part of other loan

applications, if Trump took out a loan in early 2007, for example (before his

2006 filing was complete) or if a bank wanted multiple years of returns.

That the return is from 2005, before the mortgage crisis

and the recession, may be why only two pages were available. "Today they

ask for all schedules," Goldburd said, meaning that the bank probably

would ask for a more complete return. Before the crash, "the rules were a

little bit more relaxed."

The other possibility for the source of the returns

mentioned by Johnston and others is litigation. If Trump had been asked to

disclose his returns as part of a lawsuit, he may have turned over similarly

stamped documents. Michael Bond of Gabor Tax Law Associates in New York

explained that such documents may or may not have been Bates-stamped, the

coding that's applied by courts to documents in legal proceedings. Sometimes,

he said, lawyers send copies directly to opposing counsel without passing

through the court first.

On balance, in other words, there is a higher likelihood

that someone who obtained Trump's tax return in some way passed it to Johnston

than Trump did himself. Bringing us back to the point Trump made in his

comment: While Maddow and Johnston won't face legal risk for publishing the

documents, the leaker might. If it came from a bank, Goldburd said, "there

are major bank secrecy rules that are being broken here." That's one

reason that a Trump-backed leak may have seemed more likely: He had the

documents and bore no risk for releasing them.

Overlay that with the nation's renewed love of conspiracy

theories, and you've got yourself an irresistible - if loosely founded - rumour.

WASHINGTON POST

Related Topics: