Judge questions legal basis for Trump's $10 billion case against IRS
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.
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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.
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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
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
= new reply since forum marked as read
4 min read
Judge appears skeptical of Trump’s $10 billion lawsuit against IRS and Treasury
By Aleena Fayaz
5 hr ago
US President Donald Trump speaks during a healthcare affordability event in the Oval Office of the White House in Washington, DC, on Thursday, April 23, 2026. (Will Oliver/EPA/Bloomberg/Getty Images)
A federal judge on Friday questioned the constitutionality of President Donald Trump’s $10 billion lawsuit against the IRS and Treasury Department over the leak of his tax returns, ordering a hearing to determine whether the president can sue federal agencies that he oversees.
Florida District Judge Kathleen M. Williams said it is unclear whether Trump and the agencies are “sufficiently adverse to each other” and ordered both sides to provide more information on the relationship. ... “Although President Trump avers that he is bringing this lawsuit in his personal capacity, he is the sitting president and his named adversaries are entities whose decisions are subject to his direction,” Williams, an Obama appointee, said in the order.
The judge noted the ways that Trump has sought to expand presidential power, pointing to an executive order barring executive branch employees from advancing legal interpretations that contradict the president’s “opinion on a matter of a law.”
“One such employee of the executive branch, the Attorney General, has a statutory obligation to defend the IRS when it is hailed into court, but then is ostensibly required by executive mandate to adhere to the President’s opinion on a matter of law in such a case,” Williams wrote. “This raises questions over whether the Parties here are truly antagonistic to each other.”
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