Actually I'm looking at it from the standpoint of Donald Trump, Gangster and pathological liar, and wondering if there is a form 709 for tax year 2016 with the Eric Trump gift listed on it, and how a group of 17 attorneys including money laundering experts, tax experts, and prosecutors might look at that filing if there is no form 709 with the name Eric Trump as a recipient on it. It is implied by the O.P. that because of the way the transaction was treated in 2016 State and local filings, there is likely no such 709 form in the 2016 filing with the transaction characterized as a gift.What everyone seems to not take into consideration is that Trump Org has lawyers on staff. I am sure that he also has a least one in-house CPA. He would also have outside CPAs, real estate and tax attorneys. In other words, he had a team of CPAs and attorneys. These CPAs and attorneys are there not only to mitigate risk but to also find creative legal structures.
Everyone including journalists look at all of this from their limited perspective as if they did the transaction themselves. Does the journalist have a team of CPAs and attorneys? Does the journalist have any real estate experience? It is just ridiculous.
It is highly unlikely that Trump did anything wrong with respect to this transaction. Now, if an ordinary person did it, that probably wouldn't be the case because they most likely wouldn't have team of CPAs and lawyers.
Its doubtful Trump would face a fraud charge for failure to file form 709 on the gift. He'd just have to correct his filing, but if he tried to claim a loss on the transaction rather than characterizing it as gift, he could be in hot water up to his little dick. If his tax "advisor" were to testify under oath that they advised Trump to file a 709 on the transaction, but Trump told them to characterize the transaction otherwise, then he could be in hot water up to his arm pits.
Last edited: