In another major leak for the White House, MSNBC on Tuesday night
released a portion of President Trump's 2005 tax documents – drawing a
stern rebuke from the administration.
Host Rachel Maddow said the two-page summary of
Trump’s federal return for that year was first obtained by journalist
David Cay Johnston, who gave MSNBC a first look at the documents.
It is unclear who leaked them. Johnston, with the website DCReport.org, said only that he found the documents “in the mail.”
Citing the files, they said Trump made $153 million
that year and paid $36.5 million in taxes, which Johnston suggested was
relatively low and the result of a benefit.
The return shows the then-real estate mogul also
reported a business loss of $103 million that year, although the
documents don't provide detail. The forms show that Trump paid an
effective tax rate of 24.5 percent, a figure well above the roughly 10
percent the average American taxpayer forks over each year, but below
the 27.4 percent that taxpayers earning 1 million dollars a year
average, according to data from the Congressional Joint Committee on
Taxation.
The White House pre-emptively pushed back minutes before the on-air report, saying that publishing the returns would be illegal.
"You know you are desperate for ratings when you are
willing to violate the law to push a story about two pages of tax
returns from over a decade ago,” a senior administration official said
in a statement.
The official added it is "totally illegal to steal and publish tax returns."
The statement also acknowledged Trump made over $150
million that year, while saying he paid $38 million in income taxes –
noting he had a responsibility to his company and family “to pay no more
tax than legally required.” The statement said he also paid “tens of
millions of dollars in other taxes such as sales and excise taxes and
employment taxes and this illegally published return proves just that.”
Maddow countered that the return was "not illegally
published,” and argued that MSNBC was exercising its First Amendment
right to publish information in the public interest.
The unauthorized release or publishing of federal tax
returns is a criminal offense, punishable by a fine of up to $5,000 and
up to five years in jail.
Trump's hefty business loss appears to be a continued
benefit from his use of a tax loophole in the 1990s, which allowed him
to deduct previous losses in future years. In 1995, Trump reported a
loss of more than $900 million, largely as a result of financial turmoil
at his casinos.
Tax records obtained by The New York Times last year
showed the losses were so large they could have allowed Trump to avoid
paying taxes for up to 18 years. But Trump's 2005 filing shows another
tax prevented him from realizing the full benefit of those deductions.
The bulk of Trump's tax bill that year was due to the
Alternative Minimum Tax, a tax aimed at preventing high-income earners
from paying minimal taxes.
The AMT requires many taxpayers to calculate their
taxes twice -- once under the rules for regular income tax and then
again under AMT -- and then pay the higher amount. Critics say the tax
has ensnared more middle-class people than intended, raising what they
owe the federal government each year.
Were it not for the AMT, Trump would have avoided all but a few million dollars of his 2005 tax bill.
Trump's campaign website called for the end of the
AMT, which is expected to bring in more than $350 billion in revenues
from 2016 to 2025.
The report follows unsuccessful efforts by Democrats
since the start of the 2016 presidential campaign to pressure Trump to
release the documents. Last month, House Democrats even tried to force
Trump to give them to Congress, only to be blocked by majority
Republicans.
Maddow’s report also points to what could be another
significant leak inside the federal government meant to embarrass the
new president. In his first two months on the job, reports have surfaced
with sensitive details about Trump’s calls with foreign leaders as well
as details from the investigation into Russian interference in the 2016
campaign.
Trump last month blasted what he termed “illegal leaks.”
The president’s tax documents were a top target for
critics throughout the 2016 race. Despite indications from Trump early
on that he would follow a decades-long tradition of presidential
nominees making their returns public, he later balked.
He cited an IRS audit as the reason he did not want
to release the documents, while also saying at a September debate that
he’d release them if Democratic nominee Hillary Clinton turned over the
thousands of emails deleted from her private server.
She didn’t. In January, after Trump was sworn in,
Counselor Kellyanne Conway told ABC’s “This Week” that Trump was not
going to release the returns.