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Religious Organizations Rally To Preserve Favorable Tax Treatment Of Clergy Housing Allowances

The challenge to tax-free housing allowances for “ministers of the gospel” (Gaylor v Mnuchin) has entered what I like to call the “good buddy” stage. Amicus briefs are being filed.  The housing allowance under Code Section 107(2) has a lot of amici (That is the plural of amicus, which means friend in Latin.  You and I both know that, but you have to think of the other readers.)  The amici are people that might not have a dog in the fight but want to help the judges make a good decision.  The Seventh Circuit, which now has the constitutionally of Code Section 1o7(2) before it – again – has quite a few friends including seventeen members of Congress.

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‘God And The IRS’ Stakes Out Controversial Positions On Religion And Taxes

‘God And The IRS’ Stakes Out Controversial Positions On Religion And Taxes

Perhaps it is a bit of a surprise that the Brigham Young University graduate and blogger on Mormon issues thinks there is a problem with those earnest young men and women with black nameplates not being taxed on their support when it is funded through tax-deductible deductions.  What does merit accommodation in his view is some interest deduction equivalent for Sharia-compliant financial instruments.  Well there you have it tax the mega pastors of the mega churches and those very polite young men and women, to give a break to the Muslims.

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Over and over again courts have said that there is nothing sinister in so arranging one’s affairs as to keep taxes as low as possible. Everybody does so, rich or poor; and all do right, for nobody owes any public duty to pay more than the law demands: taxes are enforced exactions, not voluntary contributions. To demand more in the name of morals is mere cant.