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Law Professor Calls Trump’s Tax Losses Fake

Law Professor Calls Trump’s Tax Losses Fake

There is something else to consider.  Apparently, that 1995 Trump return was one of the last ones prepared by Mitnick. Given Trump’s involvement in public companies, there is a pretty good chance that his return has like Romney’s been done by one of the major national firms since then.

And here is the thing about net operating losses.  Trump did not deduct the loss in 1995, he got to carry it forward and commentators assume that he must have used it in subsequent years.  The net operating loss is a deduction in the year that it is used.  Even if the statute is closed on the year of the loss, the IRS gets a bite at it in the year that it is used. More importantly, for this discussion, the preparer of the return can’t just rely on the prior accountant having it right.

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Trump Had A Point About His Own Taxes In The Debate

The only two roles I could see for Trump in public accounting are client from hell or managing partner. Public accounting firms at the regional and large local level tend to be run by somewhat sociopathic dictators of greater or lesser benevolence.  Hillary Clinton on the other hand could be the leader of a peer review team or one of the people in a national firm that has a job not involving direct client service coming up with nonproductive things for working people to do.  Clinton is definitely the Big Four type.  Trump not so much.

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Over and over again courts have said that there is nothing sinister in so arranging one’s affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant.