399
6confidencegames
2jesusandjohnwayne
1theleasofus
LillianFaderman
1transcendentalist
Storyparadox1
1falsewitness
3theleastofus
3confidencegames
Thomas Piketty2 360x1000
Anthony McCann1 360x1000
1albion
Margaret Fuller 360x1000
2defense
Margaret Fuller3 360x1000
Edmund Burke 360x1000
199
2falsewitness
Tad Friend 360x1000
Brendan Beehan 360x1000
Susie King Taylor 360x1000
Samuel Johnson 360x1000
1gucci
George M Cohan and Lerarned Hand 360x1000
9albion
499
lifeinmiddlemarch2
5albion
2trap
Anthony McCann2 360x1000
1empireofpain
2paradise
2lookingforthegoodwar
2albion
11albion
storyparadox2
8albion'
Thomas Piketty3 360x1000
Maurice B Foley 360x1000
Mary Ann Evans 360x1000
Ruth Bader Ginsburg 360x1000
Margaret Fuller4 360x1000
4confidencegames
Margaret Fuller 2 360x1000
7confidencegames
6albion
Margaret Fuller2 360x1000
2transadentilist
1paradide
2lafayette
1lookingforthegoodwar
Margaret Fuller5 360x1000
Lafayette and Jefferson 360x1000
Stormy Daniels 360x1000
Thomas Piketty1 360x1000
1confidencegames
storyparadox3
1lauber
1madoff
Betty Friedan 360x1000
299
1trap
AlexRosenberg
Gilgamesh 360x1000
4albion
lifeinmiddlemarch1
10abion
1defense
Maria Popova 360x1000
Office of Chief Counsel 360x1000
12albion
2confidencegames
James Gould Cozzens 360x1000
2gucci
3albion
Richard Posner 360x1000
7albion
3paradise
5confidencegames
13albion
Spottswood William Robinson 360x1000
Learned Hand 360x1000
Adam Gopnik 360x1000
14albion
1jesusandjohnwayne
2theleastofus
Mark V Holmes 360x1000
Margaret Fuller1 360x1000
George F Wil...360x1000
11632
Susie King Taylor2 360x1000
1lafayette
3defense

I really promise to not turn my blog into “All Parsonage Exclusion All The Time”, but there is one more development in August that has not received much attention. Phil Driscoll is appealing to the Supreme Court.  Phil Driscoll could be the poster boy of parsonage exclusion abuse.  The ex-convict (income tax evasion) former Blood Sweat and Tears member has a ministry, that does not even purport to be a church.  The ministry looks like a record label.  The IRS disputed part of his parsonage exclusion, the part that related to his second home, not quite $200,000 in one year, slightly over $400,000 over three years.  Phil won in tax court.  The argument was that Congress said “home” not “homes”  in Section 107, but that in statutory construction just as the male includes the female, the singular includes the plural – in much the same way that “minister of the gospel” includes the occasional rabbi or imam.  The IRS appealed and the Eleventh Circuit agreed with the government.  I thought it was over.  I guess not – kind of amazing

Minister Phillip Driscoll, as his lawyers refer to him, is taking the case to the Supreme Court.  The funny thing is that if the Supremes take the case, which I understand is not that likely, he just might win.  My constant commenter, Robert Baty, bane of the basketball ministers, managed to get me a copy of the brief and I hate to say it, but there is a really good argument there:

Minister Philip Driscoll received a designated amount of his total reasonable compensation as a housing allowance, which he divided to provide two homes, rather than one, more expensive home. When the relevant statutory language is unclear, does the government have a legitimate interest in requiring a minister’s housing allowance designation to be spent on only a single residence where the government does not claim either the housing allowance designation or the minister’s total compensation are unreasonable?

Well when you put it that way, what is the problem ?  If you concede that he is a minister and that his total compensation is reasonable and it was properly designated, what’s wrong with having two big houses rather than one truly enormous house like Kenneth Copleand’s

If allowed to stand, the government’s punitive and paternalistic interpretation of section 107 would unduly punish ministers who provide more than one home to meet their spiritual and practical needs, despite the fact that the designated amount of their housing allowance is otherwise reasonable in accordance with the overall statutory scheme of the Internal Revenue Code.

However, the IRS imposes its own discrimination against a minister who chooses to use that same housing allowance to provide more than one home in accordance with his spiritual or practical needs, despite the fact that the very same housing allowance could be used to provide one, more expensive home with no complaint from the IRS. This interpretation of section 107 encourages ministers to rent or purchase the most expensive home available to them within the limits of their designated housing allowance, or risk losing part of their compensation. And, it prohibits ministers from having more than one home who may benefit practically or spiritually from doing so.

The second part of the argument is weak.  A minister who does not spend all her housing allowance on housing does not lose it.  She just has to pay income taxes on it.

The number of scenarios under which a minister may choose to use his housing allowance to provide more than one home is limited only by the number of religious tenets held by the many religious organizations in the U.S. It is conceivable, for example, that a minister may have one home for regular use and a second home for use as a spiritual retreat, allowing the minister to reconnect with God and find inspiration for carrying out his ministerial duties.

There are tons of different religions in the United States and we need to respect their different tenets.  Some of them might think that God prefers really, really big houses and then there are those where God wants to drop in on the hired help in the city or on the waterfront depending on the season.  Lots of different religions all sorts of different housing deals.  Makes sense.  I read somewhere that Christianity is still big in the United States.  Maybe some of them would want to have a house like the one Jesus lived in.

 Foxes have holes, and birds of the air nests; but the Son of man hath not where to lay his head.

You can follow me on twitter @peterreillycpa.

Originally published on Forbes.com on September 7th, 2012