Congress taxes away presidential lawsuit winnings—but the math is weird.
H.R. 7381 — Prevent Presidential Profiteering Act · Filed by Mike Thompson (D-CA) · 17 cosponsors · Introduced Feb 4, 2026 · Referred to committee
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What it does
This bill imposes a 100% tax on damages (settlements, verdicts, or judgments) that a sitting or former President receives from civil lawsuits filed against the United States. The tax applies to the President, their spouse, their close relatives, and any entities they control. Critically, the bill also excludes these damages from the President's gross income for tax purposes—meaning the President pays a 100% tax on money they never have to report as income, effectively confiscating the entire award while preventing it from counting toward their taxable income.
Why we flagged it
The bill's core function is to prevent a sitting or former President from profiting from civil damages awarded against the United States by imposing a confiscatory 100% tax. This is a narrow accountability measure targeting executive self-dealing, not a general tax or appropriations bill.
What the text implies
- The bill's interaction between the 100% tax and the gross-income exclusion is mechanically unusual: the President pays tax on income they do not report, which may create constitutional takings or due-process questions if challenged.
- The definition of 'covered person' extends to the President's spouse, close relatives, and controlled entities, potentially allowing the bill to reach family members' independent litigation or business interests if structured as pass-throughs.
The full analysis lists 4 implications of this text.
Who it affects
The bill restricts a sitting or former President's ability to profit from civil litigation against the United States—a narrow but real accountability measure that prevents a sitting chief executive from using the government as a personal litigation target. However, the mechanism is unusual: a 100% tax combined with gross-income exclusion creates a confiscatory structure that may raise constitutional concerns, and the bill's practical effect depends on how courts interpret the interaction between