Judge questions legal basis for Trump's $10 billion case against IRS [View all]

Source: NBC News

Donald Trump
Judge questions legal basis for Trump's $10 billion case against IRS

The Florida judge asked whether there is a case if Trump, as president, is on both sides


-------- Trump sued the IRS in January, alleging they failed to prevent a former employee from improperly disclosing his tax returns. J. David Ake / Getty Images file

April 24, 2026, 10:23 PM EDT
By Gary Grumbach, Kyla Guilfoil and Ryan J. Reilly

A federal judge is asking the Justice Department and President Donald Trump's private attorneys to explain whether his $10 billion lawsuit against the Internal Revenue Service, an agency he oversees as president, is the type of dispute federal courts can consider. ... U.S. District Court Judge Kathleen Williams called into question whether an actual disagreement between the two parties exists in a Friday order, writing that a case can only stand if there is adverseness that fulfills a controversy requirement.

"Typically, adverseness is found in a situation where one party is asserting its right and the other party is resisting," Williams wrote. "Consequently, if there is no adverseness, there is no case or controversy." ... The judge ordered both parties to explain "whether a case and controversy exists" by May 20. Williams set a hearing on the matter for May 27 in Miami.

{snip}

In her order, Williams did recognize that Trump sued the IRS in "his personal capacity," rather than as president, but wrote that "he is the sitting president and his named adversaries are entities whose decisions are subject to his direction." ... The IRS referred NBC News to the Justice Department when asked for comment on Williams' order. The Justice Department and the White House did not immediately respond to requests for comment.

{snip}

The complaint against the IRS, filed by Trump alongside two of his adult sons, Donald Trump Jr. and Eric Trump, and the Trump Organization, argued that the leak caused the plaintiffs "reputational and financial harm" and "public embarrassment." The lawsuit followed a report from the New York Times that found Trump had only paid $750 in federal income taxes in 2016 and 2017.

Gary Grumbach
Gary Grumbach is an NBC News legal affairs reporter, based in Washington, D.C.

Kyla Guilfoil
Kyla Guilfoil is a breaking news reporter on the politics team for NBC News Digital.

Ryan J. Reilly
Ryan J. Reilly is a justice reporter for NBC News.

Read more: https://www.nbcnews.com/politics/donald-trump/federal-judge-questions-basis-trumps-10-billion-irs-lawsuit-rcna341984

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Hat tip, Chris Geidner

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Chris Geidner
‪@chrisgeidner.bsky.social‬

Order: https://storage.courtlistener.com/recap/gov.uscourts.flsd.706172/gov.uscourts.flsd.706172.41.0.pdf

- Order (PAPERLESS or pdf attached) AND Order Setting/Resetting/Cancelling Hearing - #41 in Trump v. Internal Revenue Service (S.D. Fla., 1:26-cv-20609) - CourtListener.com
ORDER. See attached document for full details. Signed by Judge Kathleen M. Williams on 4/24/2026. (ymd) (Entered: 04/24/2026)
storage.courtlistener.com
6:39 PM · Apr 24, 2026
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Order: storage.courtlistener.com/recap/gov.us...

— Chris Geidner (@chrisgeidner.bsky.social) 2026-04-24T22:39:52.846Z

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jakeofnotrades.bsky.social
‪@jakeofnotrades.bsky.social‬
Gotta love the judge citing the Executive Order that says "DOJ will do what I tell them to do."
6:45 PM · Apr 24, 2026
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Gotta love the judge citing the Executive Order that says "DOJ will do what I tell them to do."

— (@jakeofnotrades.bsky.social) 2026-04-24T22:45:25.715Z