Obama Administration Weak On Church State Separation? Clergy Housing Allowance Appeal
The interesting question is whether President Obama thinks that 107(2) is constitutional. In the case of DOMA, he ordered the Justice Department to stop defending a statute that they determined was unconstitutional. Green Party Presidential candidate Jill Stein indicated that she likely would have ordered the Justice Department to not defend the housing allowance.
Is Tax Court Rebelling Against Supreme Court?
The “not liable” argument appears to have a very powerful hold on the imagination of alternative tax theorists. You kind of almost have to admire someone like Mr. Thomas who racks up the sanctions making it. It might actually not be such a bad thing if the Supremes would take a couple of these cases and clear the air with a couple of 9-0 decisions. In the meantime, even if you are convinced of the validity of these arguments you should recognize that there is no point in raising them with the IRS or in the Tax Court.
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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.