
James F. McDonough
Of Counsel
732-568-8360 jmcdonough@sh-law.comFirm Insights
Author: James F. McDonough
Date: November 14, 2016
Of Counsel
732-568-8360 jmcdonough@sh-law.comAccording to a Politico report, the focus of the debate has been over the legality of Trump’s tax-minimizing strategies since 1995.
In a recent story published in the New York Times, selected sections of Trump’s tax returns in 1995 showed he registered a $916 million loss that year. As a result, this would enable him to avoid any payment of personal income taxes on his returns for up to 18 years.
Critics of the strategy have been vocal because many see this as a potential deciding factor for independent voters. Politico reported that while supporters approved of the strategy, detractors point to the massive loss as proof that either Trump’s business ventures have not been as successful as he reported, or that he has hidden assets and did not pay an adequate share of individual income taxes.
Furthermore, critics have been outspoken about the fact that by Trump not publicly releasing his financial records, he is withholding the identity of debtors and creditors who could have influence over his campaign. This could leave the door open to special interest groups guiding some of Trump’s policies as president. Ultimately, this could tarnish his position as a self-made business success to his voter base.
Those in favor of Trump’s tax avoidance strategy point to his prowess as a businessman. They also assert that the manner in which he has minimized his individual tax return is well within the legal application of the IRS tax codes.
Supporters have additionally been on record to state that his individual tax returns should be withheld because he is not a public official. In fact, former New York City mayor Rudy Giuliani argued recently that not releasing these records is part of a fiduciary obligation:
“You are ignoring completely the fiduciary obligation that he has to all the people around him to run his business at the lowest possible expense,” Giuliani explained.
Whether Trump’s strategy is part of a fiduciary duty to his shareholders is still up for debate. However, it remains to be seen if him taking the loss on his individual income tax returns is part of this fiduciary obligation. The impact of this revelation could be significant come election day for those both in favor and against the tax minimization strategy.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]
Author: Jesse M. Dimitro
Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]
Author: Scarinci Hollenbeck, LLC
Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]
Author: Dan Brecher
What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]
Author: Ronald S. Bienstock
If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]
Author: Patrick T. Conlon
If you operate a business, you need to understand how commercial zoning rules may impact you. For instance, zoning regulations can determine how you can develop a property and what type of activities your business can conduct. To ensure that you aren’t taken by surprise, it is always a good idea to consult with experienced […]
Author: Jesse M. Dimitro
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
According to a Politico report, the focus of the debate has been over the legality of Trump’s tax-minimizing strategies since 1995.
In a recent story published in the New York Times, selected sections of Trump’s tax returns in 1995 showed he registered a $916 million loss that year. As a result, this would enable him to avoid any payment of personal income taxes on his returns for up to 18 years.
Critics of the strategy have been vocal because many see this as a potential deciding factor for independent voters. Politico reported that while supporters approved of the strategy, detractors point to the massive loss as proof that either Trump’s business ventures have not been as successful as he reported, or that he has hidden assets and did not pay an adequate share of individual income taxes.
Furthermore, critics have been outspoken about the fact that by Trump not publicly releasing his financial records, he is withholding the identity of debtors and creditors who could have influence over his campaign. This could leave the door open to special interest groups guiding some of Trump’s policies as president. Ultimately, this could tarnish his position as a self-made business success to his voter base.
Those in favor of Trump’s tax avoidance strategy point to his prowess as a businessman. They also assert that the manner in which he has minimized his individual tax return is well within the legal application of the IRS tax codes.
Supporters have additionally been on record to state that his individual tax returns should be withheld because he is not a public official. In fact, former New York City mayor Rudy Giuliani argued recently that not releasing these records is part of a fiduciary obligation:
“You are ignoring completely the fiduciary obligation that he has to all the people around him to run his business at the lowest possible expense,” Giuliani explained.
Whether Trump’s strategy is part of a fiduciary duty to his shareholders is still up for debate. However, it remains to be seen if him taking the loss on his individual income tax returns is part of this fiduciary obligation. The impact of this revelation could be significant come election day for those both in favor and against the tax minimization strategy.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!