Edmund Burke 360x1000
6albion
Anthony McCann2 360x1000
7confidencegames
Margaret Fuller 360x1000
Anthony McCann1 360x1000
1defense
8albion'
9albion
7albion
1jesusandjohnwayne
11albion
4albion
1madoff
Brendan Beehan 360x1000
Storyparadox1
Thomas Piketty2 360x1000
Mark V Holmes 360x1000
5confidencegames
2albion
Thomas Piketty3 360x1000
3paradise
Margaret Fuller 2 360x1000
5albion
Betty Friedan 360x1000
499
lifeinmiddlemarch2
6confidencegames
1lauber
199
3confidencegames
George F Wil...360x1000
Gilgamesh 360x1000
4confidencegames
1paradide
AlexRosenberg
3theleastofus
2theleastofus
10abion
storyparadox3
1albion
Susie King Taylor2 360x1000
Maria Popova 360x1000
Office of Chief Counsel 360x1000
3albion
LillianFaderman
12albion
1transcendentalist
lifeinmiddlemarch1
Susie King Taylor 360x1000
1trap
Margaret Fuller5 360x1000
George M Cohan and Lerarned Hand 360x1000
13albion
Tad Friend 360x1000
Maurice B Foley 360x1000
2gucci
1lafayette
Lafayette and Jefferson 360x1000
storyparadox2
Mary Ann Evans 360x1000
Stormy Daniels 360x1000
399
2jesusandjohnwayne
Thomas Piketty1 360x1000
11632
1gucci
Samuel Johnson 360x1000
2paradise
2confidencegames
1falsewitness
2transadentilist
Margaret Fuller3 360x1000
3defense
1theleasofus
Margaret Fuller4 360x1000
Spottswood William Robinson 360x1000
2trap
14albion
2lafayette
1lookingforthegoodwar
James Gould Cozzens 360x1000
2falsewitness
Margaret Fuller1 360x1000
Ruth Bader Ginsburg 360x1000
299
2lookingforthegoodwar
2defense
1confidencegames
Margaret Fuller2 360x1000
Richard Posner 360x1000
1empireofpain
Adam Gopnik 360x1000
Learned Hand 360x1000

Originally published on Forbes.com.

The leak of the first two pages of President Trump’s 2005 Form 1040 to investigative reporter David Cay Johnston, with key numbers, later confirmed by the White House, made for high drama on the Rachel Maddow show Tuesday night. While those two pages left many questions unanswered, they vindicated my skepticism last fall that Trump could have avoided paying federal income taxes for 18 years.

There are few things more pleasant than having the New York Times be wrong and me be right.  The Times headline for its discussion of the Rachel Maddow release was “Trump Wrote Off $100 Million in Business Losses in 2005″.  Peter Baker noted that:

In October, The New York Times published three pages of Mr. Trump’s 1995 returns, which showed a $916 million tax deduction that could have allowed him to legally avoid paying any federal income taxes for up to 18 years.

I didn’t think that was a good inference and as we see it turns out it was not.  Twelve years later we see that Donald Trump had $38 million in tax on $150 million in positive income. As alluded to in the Times headline there is a negative $103,201,242 on line 22.  We would of course love to see the “Statement 1” that explains this number, but it is very likely a net operating loss carryover, perhaps the tail end of the nearly billion dollar loss the Times noted on the fragments of the 1995 returns.

What Is The Percentage?

A Trump apologist might argue that he really got hosed in 2005 and ended up paying 77% (Total tax on line 63 divided by adjusted gross income).  If you really wanted to make it dramatic, you could note that his total tax of $38 million was greater than his taxable income of $32 million which works out to 119%.

The Alternative Minimum Tax

Of course it is mostly explained by the alternative minimum tax (AMT) which shows up on Line 45.  Even though the AMT is reflected as an add-on to the regular tax, it is actually a parallel system with fewer deductions and credits, slower depreciation and a lower rate.  A reasonable inference from the $36,571,795 on Line 46 is that Trump’s Alternative Minimum Taxable income was in the $130 million neighborhood.  He would have had a different net operating loss for AMT purposes than for regular tax purposes and there might be substantial depreciation difference.  Form 6251 would explain it.

An item that I find rather interesting is $1,887,596 in self-employment tax. On line 12 we see Schedule C income of over $42 million.  Remember Newt Gingrich being criticized for beating the medicare tax on Gingrich Productions back during the 2012 campaign.  Apparently Donald Trump was not doing the same thing.  There may have been state or city tax issues that prevented it or maybe he was just being a sport.  It does seem a little odd, though that Trump passed up a fairly plain vanilla technique that might have save over a million in tax.

Probably Paid A Lot In 2004

The only other inference that I can make that might be of some interest comes from the penalty number on the very bottom of Page 2 – $68,788.  We see that there was withholding and estimates totaling around $13.7 million paid for 2005.  The penalty implies that the total tax for 2004 was more than that.  My back of the envelope on that is a couple of million more, but there is not enough detail to make that certain.  Too bad we don’t have Form 2210.