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rug

(82,333 posts)
Fri May 23, 2014, 08:47 PM May 2014

Federal judge dismisses atheists' challenge to IRS

BY BRETT BARROUQUERE
Associated PressMay 23, 2014 Updated 11 hours ago

LOUISVILLE, KY. — A federal judge in Kentucky has dismissed a lawsuit brought by an atheist group challenging tax exemptions for churches and religious groups in the federal tax code.

U.S. District Judge William O. Bertelsman ruled Monday that American Atheists Inc. was speculating about being potentially injured by the tax code or treated differently from other organizations.

"At this point, the Atheists have no idea whether they could gain classification as a church or religious organization under (the tax code) because they have never sought such a classification," Bertelsman wrote.

The New Jersey-based American Atheists, a nonprofit organization, sued the IRS in federal court in northern Kentucky in 2013 saying the tax-exempt status granted to religious organizations is discriminatory and should be ruled unconstitutional.

http://www.kentucky.com/2014/05/23/3255571/judge-dismisses-atheists-challenge.html

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Federal judge dismisses atheists' challenge to IRS (Original Post) rug May 2014 OP
Good. They need to leave tax exemptions for houses of worship alone. hrmjustin May 2014 #1
Why? rickford66 May 2014 #2
Because many can't stay open without them. hrmjustin May 2014 #3
So ? nt eppur_se_muova May 2014 #6
Well the good thing is that the exemption stays. hrmjustin May 2014 #7
Why is this a good thing? pokerfan May 2014 #9
So that struggeling houses of worship can survive and provide services for the community. hrmjustin May 2014 #11
Lots of businesses struggle pokerfan May 2014 #12
We are not only talking churches here are we? hrmjustin May 2014 #13
Do houses of worship deserve special consideration? pokerfan May 2014 #14
Non profits get tax exempt status. houses of worship for the most part are not out to make money. hrmjustin May 2014 #16
Houses of worship deserve special consideration pokerfan May 2014 #20
n8n profits get tax exemot status. if you have an issue with that contact your hrmjustin May 2014 #21
Got it. Thanks! pokerfan May 2014 #25
Non profits get tax exempt staus. do you agree? hrmjustin May 2014 #26
I said I got it, OK? pokerfan May 2014 #27
ok. hrmjustin May 2014 #28
Do you seriously not see the double standard? pokerfan May 2014 #33
So your saying they only eant them to disclose their donors and fill out this7s form? hrmjustin May 2014 #36
Should non profits get the equivalent of a parsonage? phil89 May 2014 #40
If they need it I have no issue with it. hrmjustin May 2014 #41
At least you're consistent. phil89 May 2014 #42
Thank you. I have no issue with reforming a few things to make things fairer but I don't want to get hrmjustin May 2014 #43
An organization need not be theistic to qualify for a religious exemption under current law struggle4progress May 2014 #44
How do we know that, houses of worship are exempt from the same oversight rules of... Humanist_Activist May 2014 #63
I am saying that I want the tax exemption left in place. I have no issue with oversight. hrmjustin May 2014 #64
The current rules don't allow for oversight, and the IRS refuses to enforce what rules do exist... Humanist_Activist May 2014 #66
As I said I want the exemption but have no issue with oversight. hrmjustin May 2014 #67
They should only get the exemption for being a non-profit, not for being a place of worship. Humanist_Activist May 2014 #69
I understand how you feel. hrmjustin May 2014 #70
I don't think you do. Humanist_Activist May 2014 #71
Well then call your congressman and complain. hrmjustin May 2014 #72
Why? What's the point, we aren't really citizens you know... Humanist_Activist May 2014 #73
Bullshit! hrmjustin May 2014 #74
Of course I know about you, you are an apologist for religious privilege... Humanist_Activist May 2014 #75
By privilege, do you mean the First Amendment? BainsBane May 2014 #76
Does the First Amendment say that religions and religious people are to be treated better... Humanist_Activist May 2014 #78
It prohibits the establishment of a state religion BainsBane May 2014 #79
Being given different standards to follow... Humanist_Activist May 2014 #80
Again, that is an issue of how the courts have interpeted the First Amendment BainsBane May 2014 #81
So? Not criticizing him for being a Christian, but for defending his religion's... Humanist_Activist May 2014 #83
What is so special is the First Amendment BainsBane May 2014 #84
But the First Amendment doesn't give churches tax exemption. Humanist_Activist May 2014 #85
If my church didn't have tax breaks we would not be able to stay open for long or we would have to hrmjustin May 2014 #77
Why should I care if you take me seriously? You are a "soft" theocrat... Humanist_Activist May 2014 #82
I can't believe this place sometimes. hrmjustin May 2014 #87
When you stop whining about persecution take the time to look up what privilege actually is. rug May 2014 #89
Oh please, a post by a guy who's so fucking proud being the member of a hate organization... Humanist_Activist May 2014 #92
And you wonder why your voice is incredible. rug May 2014 #97
you just like to say things don't you. hrmjustin May 2014 #99
! rug May 2014 #88
Are you having a bad day? cbayer May 2014 #91
While they have been exempted from certain annual filings, they are cbayer May 2014 #65
Get back to me when those laws are actually enforced, Christian churches, in particular, seem... Humanist_Activist May 2014 #68
The IRS should be enforcing them. cbayer May 2014 #90
But if they don't make a profit edhopper May 2014 #47
thery certainly should have to explain why they make that much and should not pay taxes on it. hrmjustin May 2014 #48
Of course this will never happen edhopper May 2014 #57
This is an IRS problem. cbayer May 2014 #58
So they can tax the Mega Churches edhopper May 2014 #60
If the churches do not meet the criteria that are in place cbayer May 2014 #61
They don't have to meet the same criteria as other charitable organizations. eomer May 2014 #101
Not true for the most part. cbayer May 2014 #102
I'm talking about the "exempt purposes" rule of section 501(c)(3). eomer May 2014 #105
Other 501c3 organizations okasha May 2014 #107
You said that so much better than I did. cbayer May 2014 #109
I've been (and am) okasha May 2014 #110
In New Orleans, the catholic hospitals provided the only access to health care for the vast cbayer May 2014 #111
Organizations that aren't religious have to be educational, scientific or charitable or promote arts eomer May 2014 #112
So? okasha May 2014 #113
So cbayer's post that I replied to was incorrect as I said it was. eomer May 2014 #114
She was absolutely correct. okasha May 2014 #115
Her statement would be read by most as saying they have to meet the same rules as other non profits. eomer May 2014 #116
Do you think arts and scientific organizations should also loose the exemption? cbayer May 2014 #117
No, I think the arts and science inherently serve the public good. eomer May 2014 #118
And I think that religious organizations inherently serve the public good. cbayer May 2014 #119
Yes, we apparently disagree about this (and about the meaning of the word "inherent"). eomer May 2014 #121
And I would argue that not every instance of "art" contributes and that cbayer May 2014 #122
Everything someone calls science is not necessarily science. Creationism definitely isn't. eomer May 2014 #123
And not everything someone calls religion is necessarily religion. cbayer May 2014 #124
As a working artist, okasha May 2014 #125
So the question becomes, do we set certain criteria for these groups or not. cbayer May 2014 #126
I think you're failing to distinguish between non-profit and tax-exempt organizations. okasha May 2014 #127
Wow, this is amazingly helpful. cbayer May 2014 #128
Thank you. I'm glad it helps. okasha May 2014 #131
I think going through the actual process is what it takes to really understand this. cbayer May 2014 #133
I will agree to you that they should not be exempted just for being religious. cbayer May 2014 #108
Make the irs do it. hrmjustin May 2014 #59
Those services can't be provided by other groups? LiberalFighter May 2014 #52
Well we disagree. hrmjustin May 2014 #53
They can be but they often aren't. cbayer May 2014 #55
If it involves charitable work no. LiberalFighter May 2014 #135
Charitable organizations always have some overhead that doesn't go directly to services. cbayer May 2014 #136
Overhead is fine. If for the purpose of administrating the charity. LiberalFighter May 2014 #137
Running the church is often administering the charity. cbayer May 2014 #138
Perhaps you aren't aware okasha May 2014 #139
I'm involved in a local debate about drug-testing as a condition for a meal at a community center. pinto May 2014 #56
Yes they can. rickford66 May 2014 #8
Most churches are nit mega churches. Most churches struggle financially. hrmjustin May 2014 #10
Well the struggling ones like struggling businesses will have little or no taxable income. rickford66 May 2014 #15
I believe that houses of worship should pay no taxes. hrmjustin May 2014 #17
I believe I shouldn't pay taxes but .... rickford66 May 2014 #18
Individuals or organizations? hrmjustin May 2014 #19
How many people gathered in his name did Jesus say? Three I think? rickford66 May 2014 #22
I don't get your response so I will try to answer. hrmjustin May 2014 #23
Matthew 18:20 rickford66 May 2014 #29
I have no problem with dealing with abuses. It would likely make it easier on other houses of hrmjustin May 2014 #32
Tax filings might expose those abuses and separate the the honest from the dishonest. Just saying. rickford66 May 2014 #35
Neither Graham nor Robertson okasha May 2014 #24
So all the cash given to these guys is accounted for? Baloney! rickford66 May 2014 #31
I didn't say that. okasha May 2014 #39
Sorry, I appologize. I still claim they are scam artists. rickford66 May 2014 #50
And on that, okasha May 2014 #54
What is unusual though is that some of the TV networks such as Daystar also receive the tax TexasTowelie May 2014 #34
those type of things seem like they are taking advantage of the law. hrmjustin May 2014 #37
From the opinion: struggle4progress May 2014 #4
Thanks for the link. rug May 2014 #5
No, judges just don't want to open a shit can... MellowDem May 2014 #30
You should read the opinion, attending to how the judge treated the various arguments struggle4progress May 2014 #38
By saying atheists can apply as a "church"... MellowDem May 2014 #45
Words mean different things in different contexts struggle4progress May 2014 #46
It's not a semantic squabble... MellowDem May 2014 #86
The court certainly does NOT say: "church" in this context just means any non-profit struggle4progress May 2014 #93
If they believe atheists can form a church... MellowDem May 2014 #100
I've leave to you the task of discovering how the IRS determines whether an entity is a church struggle4progress May 2014 #104
Completely arbitrarily... MellowDem May 2014 #106
Suggestion: Htom Sirveaux May 2014 #94
The language comes from statute. The administrative criteria represent efforts struggle4progress May 2014 #96
Well, ok. My house and my cubicle are my 'church'. AtheistCrusader May 2014 #49
File for it. It doesn't require much paperwork. cbayer May 2014 #51
The IRS will determine whether or not an organization is a "church" by considering struggle4progress May 2014 #95
Most likely he would not meet the criteria. cbayer May 2014 #98
Is he not aware of the ruling that found that atheist organizations cbayer May 2014 #62
Which is a terrible ruling in and of itself and not good precedent... MellowDem May 2014 #103
Church Audits - "Reasonable Belief" Requirement (IRS) pinto May 2014 #120
Hmmm…. "reasonably believes". cbayer May 2014 #129
Yeah. Mushy is right. Looks like the group took the wrong approach in its suit. And the IRS, pinto May 2014 #130
I agree with you on prop h8. okasha May 2014 #132
I think the line was lobbying and dollars for legislation. Well hidden, apparently, pinto May 2014 #134

pokerfan

(27,677 posts)
12. Lots of businesses struggle
Fri May 23, 2014, 10:29 PM
May 2014

Some even go under. Why the special recognition? Is it because we are a Christian nation?

pokerfan

(27,677 posts)
14. Do houses of worship deserve special consideration?
Fri May 23, 2014, 10:44 PM
May 2014

Just asking.

"They need to leave tax exemptions for houses of worship alone."
 

hrmjustin

(71,265 posts)
16. Non profits get tax exempt status. houses of worship for the most part are not out to make money.
Fri May 23, 2014, 10:51 PM
May 2014

Yes I know you can give example where that is abused but they are not designed to make a profit.


 

hrmjustin

(71,265 posts)
21. n8n profits get tax exemot status. if you have an issue with that contact your
Fri May 23, 2014, 11:03 PM
May 2014

representative or senator.

pokerfan

(27,677 posts)
25. Got it. Thanks!
Fri May 23, 2014, 11:27 PM
May 2014

"The IRS treats your organization better if you profess belief in a supernatural deity," Silverman said.

pokerfan

(27,677 posts)
33. Do you seriously not see the double standard?
Fri May 23, 2014, 11:44 PM
May 2014

or if not a double standard, at least special consideration?

Generally, tax-exempt organizations must file a 990 financial form with the IRS, but religious and religious-related groups are exempted.

The court found that the atheists had no standing to bring the suit, in part because American Atheists could have applied to the Internal Revenue Service for designation as a religious organization, but never had.

http://www.religionnews.com/2014/05/23/atheists-lose-court-battle-irs/

 

hrmjustin

(71,265 posts)
36. So your saying they only eant them to disclose their donors and fill out this7s form?
Fri May 23, 2014, 11:50 PM
May 2014

They are not trying to get rid of tax exempt status for houses of worship?

 

hrmjustin

(71,265 posts)
43. Thank you. I have no issue with reforming a few things to make things fairer but I don't want to get
Sat May 24, 2014, 01:26 AM
May 2014

rid of the tax exemption.

 

Humanist_Activist

(7,670 posts)
63. How do we know that, houses of worship are exempt from the same oversight rules of...
Sat May 24, 2014, 08:52 PM
May 2014

other non-profits.

Are you saying that houses of worship should be given special consideration?

 

Humanist_Activist

(7,670 posts)
66. The current rules don't allow for oversight, and the IRS refuses to enforce what rules do exist...
Sat May 24, 2014, 08:56 PM
May 2014

such as the non-politicking rule.

Frankly, any house of worship that wants tax exempt status should file to be a charity, and follow all the same oversight rules of secular charities, including opening up all books to government oversight. But we both know that won't happen.

 

Humanist_Activist

(7,670 posts)
69. They should only get the exemption for being a non-profit, not for being a place of worship.
Sat May 24, 2014, 09:08 PM
May 2014

Places of worship should have no special considerations in this or any country.

 

Humanist_Activist

(7,670 posts)
71. I don't think you do.
Sat May 24, 2014, 09:27 PM
May 2014

Never mind the fact that I think that places of worship are no more than scams that prey on the vulnerable. No not just that, its the attitudes of people like you, your first response was that we gotta protect the churches. Fuck fair rules, fuck equal protection.

Its attitudes like this that, for example, allows day cares ATTACHED TO CHURCHES to be exempt from oversight rules on safety, building codes, etc. Many children have been injured and even killed because of this lack of oversight. But we gotta protect the churches!

Its attitudes like this that allows groups like Catholic Charities to DEMAND the right to federal and state money while trying to exempt themselves from anti-discrimination laws in adoption, even housing and employment. But we have to try to protect the churches.

I could go on, but you get the idea.

 

Humanist_Activist

(7,670 posts)
73. Why? What's the point, we aren't really citizens you know...
Sat May 24, 2014, 09:49 PM
May 2014

or at least not of the same class as you, being our superior Christian overlords. And the funny thing is that you can pretend to be our friends and allies, but when it comes down to it, you enjoy putting boots to our necks. Its the rush of the thing, the idea of being on top of the pile. So go ahead, be a condescending Christian, we non-Christians are more than used to it, we expect it, just don't put out a hand in friendship when you have the fingers of your other hand crossed behind your back.

 

hrmjustin

(71,265 posts)
74. Bullshit!
Sat May 24, 2014, 11:31 PM
May 2014

Your the one who got condesending to me. I tried to be understanding but I don't see it your way so if that makes me persecuting you then I can't help you.

" you enjoy putting boots to our necks"

I can't believe you posted this garbage to me. You know nothing about me so don't even bother trying.

And don't cry to me that your not really a citizen because your not a believer. That may work in AA but I don't buy that bullshit!





 

Humanist_Activist

(7,670 posts)
75. Of course I know about you, you are an apologist for religious privilege...
Sun May 25, 2014, 12:19 AM
May 2014

you are rather transparent about it, its not garbage if its true. You are so goddamned happy that your religion's privileges weren't revoked you failed to even consider whether its fair or equitable. All to preserve privilege.

 

Humanist_Activist

(7,670 posts)
78. Does the First Amendment say that religions and religious people are to be treated better...
Sun May 25, 2014, 12:58 AM
May 2014

than everyone else?

Why is it that the suggestion that religious organizations be held to the same standards as secular ones causes the religious to lose their goddamned minds?

BainsBane

(53,056 posts)
79. It prohibits the establishment of a state religion
Sun May 25, 2014, 01:08 AM
May 2014

and protects your right to be an atheist--or should--as much as his right to be a Christian. The religious organizations are exempt from taxes because of how courts have interpreted the First Amendment.

As for Christians being treated better, how do you mean?
I don't see how one's religion is much of an issue in modern day public life. The only time I see it raised is in hospitals, to which I reply, "Why, do you plan on killing me?" I can think of no other circumstance in which anyone asks about my religious affiliation.

As for me, I'm non-religious and don't really know what to call myself. I don't know if God exists, but I don't resent the fact some people choose to worship, anymore than I resent the fact some are atheists. To each his own. I do find evangelicalism of all persuasions annoying, however.

 

Humanist_Activist

(7,670 posts)
80. Being given different standards to follow...
Sun May 25, 2014, 01:25 AM
May 2014

for example, churches are exempt from the same oversight rules that other non-profits must obey, such as submitting annual reports, etc.

Also, just a note, it wasn't the courts, but law and custom that exempted churches from taxation, it also isn't as old a practice as people think.

In many states, church affiliated day cares and schools are exempt from such basic oversight as building codes, training for teachers/caretakers, etc. Oversight and regulations that secular private schools and day care organizations have to follow. This can, obviously, lead to some dire consequences.

As far as examples in public life, well there is the recent court decision on public prayer in town meetings and other official government functions. Great way to reinforce second class status to minority religions when the trappings of the majority religion are given a government stamp of approval.

Some governments are even bolder:

http://www.rawstory.com/rs/2014/05/23/virginia-county-board-says-no-followers-of-pre-christian-deities-allowed-to-deliver-prayers/#.U4CX3fqWURw.twitter

BainsBane

(53,056 posts)
81. Again, that is an issue of how the courts have interpeted the First Amendment
Sun May 25, 2014, 01:26 AM
May 2014

that is not hrmjustin's fault for being a Christian.

 

Humanist_Activist

(7,670 posts)
83. So? Not criticizing him for being a Christian, but for defending his religion's...
Sun May 25, 2014, 01:28 AM
May 2014

majority status and default privilege. Why should churches be given automatic tax exemption when other organizations have to work for it? What is so special about them?

 

Humanist_Activist

(7,670 posts)
85. But the First Amendment doesn't give churches tax exemption.
Sun May 25, 2014, 01:36 AM
May 2014

That's not an argument, you do realize that, right?

 

hrmjustin

(71,265 posts)
77. If my church didn't have tax breaks we would not be able to stay open for long or we would have to
Sun May 25, 2014, 12:34 AM
May 2014

stop our programs because they cost a lot of money.


You don't know a damn thibg about me. Take s look at your words before you judge me. You accused me of being a phony and "you enjoy putting boots to our necks".

I can't take anything you say to me seriously anymore.

 

Humanist_Activist

(7,670 posts)
82. Why should I care if you take me seriously? You are a "soft" theocrat...
Sun May 25, 2014, 01:26 AM
May 2014

your opinions mean nothing to me.

 

hrmjustin

(71,265 posts)
87. I can't believe this place sometimes.
Sun May 25, 2014, 08:40 AM
May 2014

Perhaps you should consider what it feels like to be called names.

 

rug

(82,333 posts)
89. When you stop whining about persecution take the time to look up what privilege actually is.
Sun May 25, 2014, 08:53 AM
May 2014

Or do you consider that another "boot on your neck"?

Calling you on your crap is hardly apologetics.

 

Humanist_Activist

(7,670 posts)
92. Oh please, a post by a guy who's so fucking proud being the member of a hate organization...
Sun May 25, 2014, 12:42 PM
May 2014

and defends it at every opportunity? Like your voice matters.

Hell, you have yet to articulate what YOU think of LGBT people, why is that?

 

rug

(82,333 posts)
97. And you wonder why your voice is incredible.
Sun May 25, 2014, 05:37 PM
May 2014

Listen, this "hate organization" is the exact same organization you belonged to for many years. Whatever angst you experienced hardly adds up to a cogent, let alone rational or objective, viewpoint.
,
Grow up. The world doesn't revolve around you and your hates.

 

hrmjustin

(71,265 posts)
99. you just like to say things don't you.
Sun May 25, 2014, 08:48 PM
May 2014

Rug is very gay friendly. If you and others would quit with the hostilities and truly ask his opinion you would find out as I personally did yeas ago that he is very pro LGBT friendly. If you asked rug you wiuld find out that rug is one of the biggest challengers to the bishops of the RCC. But you don't know this because of the hostilities here.

You dislike me but as a gay man I can tell you rug is gay friendly and I am appalled that you would imply something else.

cbayer

(146,218 posts)
91. Are you having a bad day?
Sun May 25, 2014, 11:22 AM
May 2014

This post is really ugly and completely uncalled for.

The member you are attacking has been consistently supportive of atheist groups, rights and separation issues.

If you are feeling persecuted, perhaps you have some personal responsibility for that based on your own behavior and attitude, but you certainly aren't being persecuted here or by this member.

Why in the world you would think it's ok to attack an ally in this way escapes me, but you do absolutely nothing to advance your cause by doing so.

I hope he puts you on ignore He doesn't deserve this kind of treatment.

cbayer

(146,218 posts)
65. While they have been exempted from certain annual filings, they are
Sat May 24, 2014, 08:56 PM
May 2014

still subject to the laws.

If increased oversight is what is needed, so be it.

 

Humanist_Activist

(7,670 posts)
68. Get back to me when those laws are actually enforced, Christian churches, in particular, seem...
Sat May 24, 2014, 09:06 PM
May 2014

exempt from most state or federal tax codes.

If I sound cynical, that's because I am, I'm just recognizing our reality.

cbayer

(146,218 posts)
90. The IRS should be enforcing them.
Sun May 25, 2014, 10:58 AM
May 2014

That's not the fault of the churches and the solution is not to change the rules for all churches, but to enforce them for the ones that are not in compliance.

edhopper

(33,606 posts)
47. But if they don't make a profit
Sat May 24, 2014, 09:57 AM
May 2014

then they won't pay taxes. But maybe some big Mega-Churches that make millions should?

edhopper

(33,606 posts)
57. Of course this will never happen
Sat May 24, 2014, 04:08 PM
May 2014

Even if this were ruled to not violate the first Amendment, there is just too much support for it. Very few politicians would even suggest it, let alone support it.

cbayer

(146,218 posts)
58. This is an IRS problem.
Sat May 24, 2014, 04:10 PM
May 2014

If they enforced the rules that are already in place for non-profits, this would not be an issue. It doesn't require any new legislation at all.

cbayer

(146,218 posts)
61. If the churches do not meet the criteria that are in place
Sat May 24, 2014, 04:34 PM
May 2014

for non-profits and other charitable organizations, they most certainly can tax them.

They can also revoke their status if they campaign for candidates.

But they turn a blind eye.

eomer

(3,845 posts)
101. They don't have to meet the same criteria as other charitable organizations.
Mon May 26, 2014, 11:59 AM
May 2014

They are exempt just by being religious and don't have to meet one of the other exempt purposes as everyone else does, like relief of the poor, the distressed or the underprivileged, etc.

cbayer

(146,218 posts)
102. Not true for the most part.
Mon May 26, 2014, 12:22 PM
May 2014

They get a parsonage exemption and have some exemptions from annual filings, both of which I think should be re-examined.

But the other requirements are the same. They have to meet the criteria for 501©3's just like any other non-profit.

The problem is with the lax enforcement by the IRS and that some supposedly religious organizations are taking gross advantage of the loopholes.

Until secular and governmental agencies step up to the plate to replace the assistance given to untold millions around this earth that is currently provided by religious organizations, it is folly to suggest that their tax status be eliminated.

It would also be a 1st amendment violation to deny them an exemption granted to secular organizations doing the same kind of work.

eomer

(3,845 posts)
105. I'm talking about the "exempt purposes" rule of section 501(c)(3).
Mon May 26, 2014, 06:35 PM
May 2014

A religious organization automatically qualifies as being for exempt purposes just by being religious. Other organizations have to meet other rules to be considered for exempt purposes and therefore exempt from taxation.

So if you have two organizations that are identical except that one is religious and the other is not and neither of them meets any of the other exempt purposes rules then the religious organization will be exempt from taxation and the non-religious organization will not. The non-religious organization would have to do charitable work like helping the poor or distressed. The religious organization doesn't have to do charitable work - it is automatically exempt just for being religious.

okasha

(11,573 posts)
107. Other 501c3 organizations
Mon May 26, 2014, 07:30 PM
May 2014

aren't required to be "charitable" either. A nonprofit organization qualifies if its purpose is religious, educational, scientific, or charitable; or if it promotes literature and/or the arts; or if its goal is to prevent cruelty to to children or animals.

,

cbayer

(146,218 posts)
109. You said that so much better than I did.
Mon May 26, 2014, 07:56 PM
May 2014

I think a lot of people that advocate for removing religious organizations don't really understand what is going on here.

Worse yet, I think they fail to consider the unintended consequences of removing the current tax status on religious organizations that provide otherwise unavailable services to the neediest among us.

okasha

(11,573 posts)
110. I've been (and am)
Mon May 26, 2014, 09:07 PM
May 2014

a member of a good many 501c3 organizations. I have sat on the Board of Directors of several and co-founded a few. An organization must first obtain nonprofit status under the applicable state law, and only then may it apply to the IRS for 501c3 status. As you noted, those are two separate processes to obtain two separate statuses, and some posters seem to be confusing them.

I agree with you entirely about the continuing need for religious organizations to provide social services. In my community, the Catholic Church sponsors the only battered women's shelter; the only charity that provides anyone who walks in with three hot meals a day; the only overnight shelter for homeless women and parents with children; the only non-political agency to help people in need (who are not also substance abusers) with their utilities and rent; the only free legal help for low-income people in danger of losing their homes to foreclosure for overdue property taxes, et freaking cetera.

When the complainers pony up and fund such projects themselves, THEN they'll have some grounds to bitch. Not before.

cbayer

(146,218 posts)
111. In New Orleans, the catholic hospitals provided the only access to health care for the vast
Mon May 26, 2014, 09:29 PM
May 2014

majority of the poor people.

Very unfortunately, their policies about birth control and women's reproductive care in general were extremely problematic.

But in other areas, they were stellar and deserve nothing but credit for what they have done.

Religious organizations also provided pretty much everything that might be available for people with chemical dependency, chronic mental illness and, worst of all, dual diagnosis.

But they couldn't even keep up with the need. The mere suggestion that they be somehow handicapped sets my teeth on edge.

And don't even get me started on who stepped up to the plate during the AIDS crisis.

Some crusaders are really not able to see the whole picture. In their desire to destroy religion, they are blinded by who would be hurt the most.

eomer

(3,845 posts)
112. Organizations that aren't religious have to be educational, scientific or charitable or promote arts
Mon May 26, 2014, 11:21 PM
May 2014

Organizations that are religious don't have to be educational, scientific or charitable or promote arts.

eomer

(3,845 posts)
114. So cbayer's post that I replied to was incorrect as I said it was.
Mon May 26, 2014, 11:33 PM
May 2014

She said:

If the churches do not meet the criteria that are in place for non-profits and other charitable organizations, they most certainly can tax them.


What she said is not correct - churches do not have to meet the criteria that the other organizations have to, they get a pass on those rules just by being religious.

okasha

(11,573 posts)
115. She was absolutely correct.
Mon May 26, 2014, 11:58 PM
May 2014

NO organization has to fall into two categories; one does it. Scientific organizations don't have to promote animal protection; arts organizations don't have to be scientific; only explicitly charitable organizations are required to be charitable.

The law lumps these categories together because they act for the public good. If you don't think religious organizations serve the public good, read my post #110. Read the last paragraph as many times as it takes you to Get It.

eomer

(3,845 posts)
116. Her statement would be read by most as saying they have to meet the same rules as other non profits.
Tue May 27, 2014, 08:03 AM
May 2014
If the churches do not meet the criteria that are in place for non-profits and other charitable organizations, they most certainly can tax them.


Churches do not have to "meet the criteria that are in place for non-profits and other charitable organizations" unless by that you mean that those criteria contain a special rule that applies only to them. That's a very strained and misleading way to put it in the context of a discussion on whether there is a special rule for them or not. There is clearly a special exemption that applies only to religious organizations - that of being religious - and therefore religious organizations do not have to meet the criteria that apply to all other non profits. If you and cbayer are essentially admitting that there's a special rule in there for being religious then we agree.

And regarding your last paragraph (the one with the gratuitous insult at the end), in my opinion being religious is orthogonal to serving the public good. There are religious organizations that serve the public good and religious organizations that don't. There are religious organizations that harm the public good. There are some that do both good and harm.

My personal judgement about the best rule would be for religion by itself to not be enough. An organization whose religion is focused on worshiping alone or, worse, worshiping while advocating against social services should not, in my opinion, get an automatic exemption just because they worship a deity. Worshiping a deity does not of itself serve the public good. Those churches that both worship a deity and do social services work would not have any problem meeting the rules that apply to non-religious organizations. Only those that don't visibly serve the public good in some other way would lose their exemption if we eliminated their automatic exemption for merely being religious.

cbayer

(146,218 posts)
117. Do you think arts and scientific organizations should also loose the exemption?
Tue May 27, 2014, 08:44 AM
May 2014

If not, why do you think they should have an exemption based solely on the fact that they meet those criteria.

I'm not going to continue with this debate. It's becoming just about semantics.

The bottom line fact is that religious organizations provide desperately needed assistance to the neediest among us. Without them, the most marginalized in this country would be in even worse conditions than they already are.

Those that just make blanket statements about changing their tax status are selfish and short sighted.

I understand that you are trying to make a point, but I think you are entirely wrong about organizations getting the exemption solely for being religious. They also have to meet the criteria for non-profits in general. They have to file the paperwork that shows that they meet that criteria. The exception occurs with the lack of demand for further documentation, and, as I have said, I would agree that they should have to update that yearly.

Bottom line is that I think your take on this is wrong. It's confusing and I have read as much as I could find and I think you are mistaken.

eomer

(3,845 posts)
118. No, I think the arts and science inherently serve the public good.
Tue May 27, 2014, 08:59 AM
May 2014

They don't need to meet other criteria because they are already the desired end. Worshiping of itself doesn't serve the public good. In those cases where an organization both worships and serves the public good in some way then they're good to go. Those organizations that worship and don't serve the public good would not get an exemption if I were writing the rules.

And you're mistaken about the paperwork. Churches do not have to apply for 501(c)(3) status - they are presumed to qualify for it without applying. All other organizations have to apply for it.

cbayer

(146,218 posts)
119. And I think that religious organizations inherently serve the public good.
Tue May 27, 2014, 11:27 AM
May 2014

Not all of them, but most. I could also make the argument that while some arts and scientific organizations inherently serve the public good, some (and possibly many) do not.

Why would you be right and I be wrong? If we are going to evaluate the organizations in terms of "serving the public good", I would argue that we need to apply that criteria to all those who apply, and not just religious organizations.

The reading I have done indicates that churches do have to do the initial application, but if you are correct, I would support that they be required to do so in order to show that they meet the criteria.

eomer

(3,845 posts)
121. Yes, we apparently disagree about this (and about the meaning of the word "inherent").
Tue May 27, 2014, 12:24 PM
May 2014

My view is that art serves the public good inherently, meaning that just by existing every instance of art contributes in some way to the public good. And that all science serves the public good inherently, meaning that every time even the smallest increase in scientific knowledge occurs that is in some way to the public good.

And regarding the meaning of "inherent", something can't be inherent if it's sometimes there and sometimes not. Here's the merriam-webster.com definition:

in·her·ent adjective \in-ˈhir-ənt, -ˈher-\
: belonging to the basic nature of someone or something

Full Definition of INHERENT

: involved in the constitution or essential character of something : belonging by nature or habit : intrinsic <risks inherent in the venture>


If being religious were inherently to the public good then every instance of being religious would be to the good. If it sometimes is and sometimes isn't then being to the public good is clearly not inherent to, not "belonging to the basic nature" of, religion. Rather, it's a feature that may or may not accompany being religious.

cbayer

(146,218 posts)
122. And I would argue that not every instance of "art" contributes and that
Tue May 27, 2014, 12:34 PM
May 2014

there are also opportunities for abuse and scam within this category (as well as science).

It comes down to who makes the judgement and which categories you want to give a general exemption to, even though some may not meet the criteria.

Should Ken Ham get a pass on his creation museum because he calls it science?

I could also make the argument that not every instance of art or science are for the good, and, in fact, some could be quite destructive.

eomer

(3,845 posts)
123. Everything someone calls science is not necessarily science. Creationism definitely isn't.
Tue May 27, 2014, 01:16 PM
May 2014

And a further distinction that I think should have been obvious is that between the thing itself and its inherent good versus something that someone does with the thing. So the scientific knowledge about the atom and fusion and fission is to the public good. Obliterating Hiroshima and Nagasaki by using that knowledge was (in my opinion) not to the public good and using it for nuclear power is not (in my opinion) to the public good. But the knowledge itself has intrinsic worth, apart from what someone does with it.

cbayer

(146,218 posts)
124. And not everything someone calls religion is necessarily religion.
Tue May 27, 2014, 02:07 PM
May 2014

The question is who makes those determinations, what criteria is used and whether they should vary significantly between these three groups that we are discussing.

Again, the argument can be made that religious groups and institutions provide an inherent good, but what is done with it might not be so good.

At any rate, I support tighter regulation and a take down of the groups that are clearly abusing the exemption. It is the blanket elimination that I, and probably most people in this country, would object to.

So it seems a compromise is in order that addresses the problems without creating new ones.

Perhaps you and I can even agree on that.

okasha

(11,573 posts)
125. As a working artist,
Tue May 27, 2014, 04:02 PM
May 2014

I agree that not all "art" makes a worthwhile social contribution. And while science has given us many wonderful things for our health and knowledge, it's also done devastating, sometimes irreparable, harm.

cbayer

(146,218 posts)
126. So the question becomes, do we set certain criteria for these groups or not.
Tue May 27, 2014, 04:09 PM
May 2014

And, if we do, who decides what those criteria are and who decides whether certain organizations enforce the criteria?

As a scientist, I would also say that some "science" is bogus. There are people doing "studies" that really don't meet any kind of scientific standard and really are not worthwhile or making any kind of contribution.

okasha

(11,573 posts)
127. I think you're failing to distinguish between non-profit and tax-exempt organizations.
Tue May 27, 2014, 04:37 PM
May 2014

Yes, churches do have to meet the same criteria for non-profit status that other non-profit organizations have to meet if they want such status. This involves submitting paperwork and an application to the state, not to the IRS or federal government. Texas requires the submission of a mission statement, a set of bylaws, articles of incorporation, a statement of whether the applicant is a membership or non-membership organization, and a whole pile of other papers.

At this point, churches are automatically granted federal 501c3 status, but they do not receive an IRS letter of determination that they would receive if they went through the application process. (Religious organizations other than actual churches do have to go through the whole procedure to obtain 501c3 status, just like any other non-profit.) This means that they do not pay federal income tax as corporations and don't have to file annual 990's. That's all it means.

Most churches (and other public service organizations) do apply officially for 501c3 status because there is a long list of advantages that the letter of determination gives them. Without the official letter of determination, churches are subject to state and local taxation. That means that if the First Presbyterian Church secretary goes to Wallmart to buy paper plates and other serving ware for the church picnic, she either has to have a copy of the IRS letter in hand or pay the sales tax.

All governmental and almost all private grant-making entities require a copy of the 501c3 letter before they'll even look at an organization's application. No 501c3, the app lands straight in the shredder. Churches not excepted.

Without the 501c3 letter, donations to an organizations are not tax-deductible for the donors. No 501c3, the giver can't claim a deduction on his/her own income tax return. No deduction, there goes a truckload of money out the door. Churches not excepted.

Now, have some churches abused their 501c3 status? They most certainly have when they engage in politics. If they want to do that, they should apply as 501c4's. Should the IRS come down like a hammer on churches that have abused their 501c3 status? Absolutely.

Meantime, as cbayer says, the churches are providing services to the public that government and private organizations cannot or will not offer. Under those circumstances, the argument to deny non-profit or tax-exempt status to churches is strictly an argument for and by the privileged for the purposes of maintaining their privilege.

cbayer

(146,218 posts)
128. Wow, this is amazingly helpful.
Tue May 27, 2014, 04:49 PM
May 2014

I can't tell you how many times I have looked at various sites trying to get real clarity on this and failed to do so.

I think I was missing the distinction between state and national status. I did know that most churches did go through the formal application process, but did not really understand why if they weren't required to do so..

Great and much appreciated post.

With your permission, I would like to use it in the future when discussing this.

okasha

(11,573 posts)
131. Thank you. I'm glad it helps.
Tue May 27, 2014, 05:08 PM
May 2014

And of course you may use it.

I've been through these processes with several 501c3 orgs, scientific, religious, educational, humane, etc.. Not having the formal IRS letter of determination can be financially crippling to a non-profit. I suspect that many churches that do not have them are shoestring operations without paid staff or sufficient organization--Board, officers, etc..--to establish themselves as corporate entities at all.

cbayer

(146,218 posts)
133. I think going through the actual process is what it takes to really understand this.
Tue May 27, 2014, 05:13 PM
May 2014

I've worked for non-profit hospitals, so I was familiar with some of this, but not nearly as extensively as you.

cbayer

(146,218 posts)
108. I will agree to you that they should not be exempted just for being religious.
Mon May 26, 2014, 07:54 PM
May 2014

I would support efforts to change that.

But there are those that say that churches shouldn't qualify for any of the exemptions, even if they meet the criteria that other organizations have to and I would strongly object to that.

I don't believe that the information in your second paragraph is entirely correct. For example, any religious organization that participates in promoting or campaigning for candidates technically is no longer entitled to the exemptions at all.

This is where the IRS has been negligent.

And we may be running into trouble by using charitable and non-profit interchangeably. The issue here, if I understand this correctly, are the rules concerning non-profits, which don't necessarily have to to with charity at all. That is where the rules are the same.

LiberalFighter

(51,054 posts)
52. Those services can't be provided by other groups?
Sat May 24, 2014, 01:42 PM
May 2014

The tax exempt status for churches should not continue. When it is for the express purpose of maintaining their religious beliefs with salaries and maintenance of their properties it should not be allowed. If they want to create a separate group for the function of charitable work to the community then the exemption is acceptable.

cbayer

(146,218 posts)
55. They can be but they often aren't.
Sat May 24, 2014, 01:47 PM
May 2014

Until the government and secular organizations step up to the plate and start doing the things that religious organizations do for the poorest and most marginalized among us, this will remain a very weak and hollow argument.

Tax exempt status applies to all organizations that qualify, be they religious or not. While religious organizations get a parsonage exemption, and personally I think that should be reconsidered, this whole argument about taking away the tax exemptions for religious organizations that truly meet the criteria is just lame.

The problems lie with the IRS, who do not enforce their rules when it come to many religious and secular groups who claim the exemption and really do not quality.

Do you think the tax exempt status for all charitable organizations should be removed or just for churches? If so, why?

LiberalFighter

(51,054 posts)
135. If it involves charitable work no.
Tue May 27, 2014, 05:28 PM
May 2014

There needs to be a wall between worship and services. There is no reason that they can't create a separate entity that is solely charitable.

Why should I or anyone financially support another religion that I oppose for operations that have nothing to do with charitable work?

cbayer

(146,218 posts)
136. Charitable organizations always have some overhead that doesn't go directly to services.
Tue May 27, 2014, 06:16 PM
May 2014

The amount of that overhead should be evaluated and restrictions in place. Unless you want a first amendment violation, why should churches be treated any differently than other charitable organizations.

I am quite sure there are many kinds of charitable organizations and non-profits that you would oppose in principal.

It's important to make the distinction between those that are abusing the system and those that aren't. Those that propose making rules that are different for religious groups as opposed to other groups are at risk of harming the most needy among us.

LiberalFighter

(51,054 posts)
137. Overhead is fine. If for the purpose of administrating the charity.
Tue May 27, 2014, 07:02 PM
May 2014

But overhead/administrative does not include outside activity not related to the work. That would be like an employee working at a business but performing work for someone else not related to the employer on the employer's dime.


There would be no harm to the needy. All a religious group has to do is set up a charity and keep the finances separate.

cbayer

(146,218 posts)
138. Running the church is often administering the charity.
Tue May 27, 2014, 07:12 PM
May 2014

It's fundraising, organization, property and participation. In fact, much of it is charitable itself. It's just like other charitable organizations, but often with an much lower overhead because of the degree of volunteerism and the built in mechanism for fund raising.

The only thing that is generally not related is the weekly service or service and maybe some bible study classes. While there are exceptions and they deserve some scrutiny, most churches operate on a shoestring. Most ministers have second jobs to support themselves and more often than not there is one other single paid employee (the secretary).

Perhaps you have had no exposure to your run of the mill mainstream church? It certainly doesn't sound like it.

okasha

(11,573 posts)
139. Perhaps you aren't aware
Tue May 27, 2014, 08:56 PM
May 2014

that churches frequently make their space available to other nonprofit organizations. Many host regular AA and NA meetings, Boy and Girl Scout groups, concerts, art shows, literacy and citizenship classes, vaccination clinics, food pantries. The Episcopal Church in my neighborhood is also my precinct's polling place. A Catholic Church in one of our poorest neighborhoods offered its parish hall to an environmental group who were taking depositions to force the Border Patrol to abandon plans to spray the riverbank next to their homes with a particularly nasty herbicide. That same group met regularly at a liberal Baptist church whose pastor was on the Board. (Yes, Virginia, there really are a few liberal Baptist churches. )

In short, attemping to cripple churches by burdening them with requirements other 501c3's don't have to meet would result in a whole lot of collateral damage. Do you really want to do that?

pinto

(106,886 posts)
56. I'm involved in a local debate about drug-testing as a condition for a meal at a community center.
Sat May 24, 2014, 02:11 PM
May 2014

Secular, community-based non-profit, 501(c)3.

Meanwhile, the church up the street from me has a large commodities program - food, children's clothing, basic household goods - with no screening once a week. City, County and publicly funded.

Both have dealt with disruptive clients for one reason or another. They have the experience and an approach to deal with that.

Ironically, the church staffs one lunch a week - cooks and serves - at the community center. Ad do other organizations. None are too pleased with the drug-testing proposal.

rickford66

(5,528 posts)
8. Yes they can.
Fri May 23, 2014, 10:15 PM
May 2014

Don't you notice the huge mega churches and the high living of some of the celebrity preachers? They're not Mother Teresa material. They're big business and should pay their fair share of taxes. If they can't exist within the free market they should close. If they actually returned all their income to the poor and needy they wouldn't have much taxable income anyway. Also I was raised Roman Catholic and have first hand knowledge of the luxurious living, adultery and hypocritical actions of several priests. The other Christian organizations have been exposed over the years for over indulgence. I believe Jesus said to pray in private.

 

hrmjustin

(71,265 posts)
10. Most churches are nit mega churches. Most churches struggle financially.
Fri May 23, 2014, 10:23 PM
May 2014

My parish while we have assets needs the exemption to continue to provide services.

rickford66

(5,528 posts)
15. Well the struggling ones like struggling businesses will have little or no taxable income.
Fri May 23, 2014, 10:46 PM
May 2014

You know how income taxes work right? There are reasonable expenses. Helping the poor etc would be acceptable. Your church would probably owe no tax, but Billy Graham and Pat Robertson would have to pony up. I believe most people would agree that's fair.

rickford66

(5,528 posts)
18. I believe I shouldn't pay taxes but ....
Fri May 23, 2014, 11:00 PM
May 2014

it's the price I'm willing to pay for our society to function. Render unto Caesar right? We digressed here. Why should atheists, who hold strong beliefs of their own, have to pay taxes?

rickford66

(5,528 posts)
22. How many people gathered in his name did Jesus say? Three I think?
Fri May 23, 2014, 11:03 PM
May 2014

Isn't that considered his definition of a "church"? I'll go with three then.

 

hrmjustin

(71,265 posts)
23. I don't get your response so I will try to answer.
Fri May 23, 2014, 11:06 PM
May 2014

I have no issue with Athiest non profits getting tax exempt status. Individuals pay taxes no matter what they believe.

rickford66

(5,528 posts)
29. Matthew 18:20
Fri May 23, 2014, 11:38 PM
May 2014

"For where two or three gather in my name, there am I with them." So if two or three atheists gather and talk about God or Jesus, no tax. I actually have no problem with honest non-profits being tax exempt, but if you read one of my previous comments you would see that I have witnessed abuses of the non-profit criteria. Living high on the hog and covering the expenses of adulterous affairs do not meet non-profit rules I believe.

 

hrmjustin

(71,265 posts)
32. I have no problem with dealing with abuses. It would likely make it easier on other houses of
Fri May 23, 2014, 11:41 PM
May 2014

worship.

okasha

(11,573 posts)
24. Neither Graham nor Robertson
Fri May 23, 2014, 11:15 PM
May 2014

is the pastor of a church.

Robertson is a businessman with a number of completely secular investments--including the notorious "blood diamonds"--as well as salaried positions at his nonprofits. He's responsible for income taxes just as anyone else is. The same is true of the now-retired Graham. Those businesses sre also subject to corporate taxes.

A greater issue, I think, is their abuse of 501c3 properties. Given that most parish churches have only the church itself, a residence for the pastor and perhaps a parish hall, plus the land they sit on, this is not a major problem.

okasha

(11,573 posts)
39. I didn't say that.
Sat May 24, 2014, 01:03 AM
May 2014

By "these guys" I assume you mean Robertson, Graham and their ilk?

I said that their income is subject to taxation. Quite a different thing.

Please do not claim I said something I didn't.

TexasTowelie

(112,387 posts)
34. What is unusual though is that some of the TV networks such as Daystar also receive the tax
Fri May 23, 2014, 11:47 PM
May 2014

exemption. They don't make any contributions to the needy, but their production facilities and property are not subject to the tax code.

struggle4progress

(118,332 posts)
4. From the opinion:
Fri May 23, 2014, 09:42 PM
May 2014
... The Atheists contend that they have not applied for exemption as a religious organization or a church because it would violate their sincerely held belief to seek such a classification ... Plaintiffs also do not allege they have any employees that receive a housing allowance .. or that Plaintiffs have a right to claim a tax-exemption ... Plaintiffs in this case never claim that their housing allowance was tax-exempt or that there are plaintiffs who could otherwise qualify for this tax exemption ... Finally, the Plaintiffs .. present no facts or authority that establish that an organization expressing atheist beliefs could never qualify as a tax exempt religious organization or church ... Here, the statutes and regulations pertaining to tax-exempt organizations do not expressly favor certain churches or certain religious organizations, nor do they expressly favor theist organizations over atheist or non-theist organizations. In fact, the IRS argues that atheist and non-theist organizations may be eligible for treatment as religious organizations or churches ... link

Sounds like AA needs better lawyers

MellowDem

(5,018 posts)
30. No, judges just don't want to open a shit can...
Fri May 23, 2014, 11:38 PM
May 2014

The fact that churches get special consideration and privileges over secular non-profits is complete and utter bullshit, and yes, discriminatory. The "logic" that secular non-profits should apply as religious organizations is contemptible, and also a great way to avoid the issue.

Too much of society is religious at this point for intellectual honesty from the courts on this subject.

struggle4progress

(118,332 posts)
38. You should read the opinion, attending to how the judge treated the various arguments
Sat May 24, 2014, 12:09 AM
May 2014

advanced by the plaintiffs, since good law depends on the judge attending to the arguments advanced

The plaintiffs seem to have argued (for example) that the religious exemptions discriminated against them as atheists, and the judge made rather short work of that argument, simply by pointing out that the case law currently does not consider theistic or atheistic stance in considering whether an organization is religious for tax-code purposes: under present law, it is entirely possible to have a "church" run by atheists for the benefit of themselves and other atheists

MellowDem

(5,018 posts)
45. By saying atheists can apply as a "church"...
Sat May 24, 2014, 08:01 AM
May 2014

not only is the identity of atheists spit on, but the very definition of words is twisted to continue a discriminatory practice. Why even have a distinction between "churches" and secular non-profits if the word "church" is meaningless?

It's like saying gay people aren't discriminated against because they can still marry, just the opposite gender.

Or like saying a discriminatory law against blacks can stand because, so far, no blacks have tried applying as a white person under that law.

It's intellectually dishonest tripe.

struggle4progress

(118,332 posts)
46. Words mean different things in different contexts
Sat May 24, 2014, 08:45 AM
May 2014

"Amenable group" used in a mathematics colloquium lecture means something entirely different than "amenable group" would mean when used in a dinner table conversation about workplace cliques

Similarly, the "soft" in "soft acid" (appearing in a chemistry paper) means something entirely different than the "soft" in "soft toilet paper" (appearing in a product advertisement)

You are free to use the word "church" however you want. To understand conversations, however, you need to be able to understand the way other people use the word, and to be understood in conversations, you need to be able to use the word as it is used in particular discussional contexts. You are free to adopt the view that certain words can have only one meaning -- namely, the meaning you choose to associate with the word -- and you are free to insist that anyone else who sometimes uses the word in some other way is a dishonest knave, or a foolish cretin, or a rude boor; but if you do so, you will find that you do not understand what others say, or that others do not understand what you say, or that others conclude that you are for some reason unable to understand what they say and that they then (perhaps unfairly) attribute to you certain personality traits (such as insufferable self-absorption or lack of intelligence or perhaps something else) as explanation of your perceived comprehensional failure

In fact, AA argued rather along the lines you suggest, that they could not apply for exemption as a religious organization or a church because this would violate their sincerely held beliefs. They were, and remain, free to argue so, but IMO it is a shoddy lawyer who would let them put such argument before the bench, since the definition of terms in court will often be a matter of convention and precedent, rather than a matter of the parties thrashing each over to determine whose "sincerely held beliefs" will define the terminology. The courts, being interested in the material facts of the cases before them, will typically show limited patience with semantic squabbles, which can continue indefinitely without resolution, and will revert quickly to whatever usages are currently established, in order to avoid long meaningless disputation

MellowDem

(5,018 posts)
86. It's not a semantic squabble...
Sun May 25, 2014, 07:55 AM
May 2014

The court is implying that "church" is a meaningless word. And they don't address the obvious. If "church" in this context just means any non-profit, then why have a distinction at all between secular non-profits in the law? Why give"churches" so much special treatment under the law?

We all know exactly why, it's religious privilege and discrimination. Instead, the court decided to engage in a "semantic squabble" of its own to avoid facing that nasty fact.

There should be no distinction at all.

MellowDem

(5,018 posts)
100. If they believe atheists can form a church...
Mon May 26, 2014, 07:44 AM
May 2014

Then what the heck is a church? This is where courts squirm and the IRS freak. The IRS already ignore when churches endorse political candidates. This is what happens when government gets involved in religion.

MellowDem

(5,018 posts)
106. Completely arbitrarily...
Mon May 26, 2014, 07:11 PM
May 2014

After all the Church of Scientology is now accepted after years of court battles. I'd say as long as you have enough power and money to be accepted as a religion, the privilege of religion will cement your power.

And considering the IRS doesn't enforce it's own rules when it comes to churches, due to it being politically unpopular, I really doubt that their definition of churches won't be subject to the same politics.

The fact that the government is trying to define what is and isn't a religion is a sign of the problem, and the solution is to not give religion special treatment so that they don't have to be defined by the government in the first place.

Htom Sirveaux

(1,242 posts)
94. Suggestion:
Sun May 25, 2014, 04:09 PM
May 2014

A bunch of atheist organizations all get the exemption. Then once they have it, argue that the name of the exemption should be changed, to better reflect the actual holders.

struggle4progress

(118,332 posts)
96. The language comes from statute. The administrative criteria represent efforts
Sun May 25, 2014, 04:33 PM
May 2014

to interpret undefined statutory language

AtheistCrusader

(33,982 posts)
49. Well, ok. My house and my cubicle are my 'church'.
Sat May 24, 2014, 11:16 AM
May 2014

Tax exemption in the two places of worship would be pretty fuckin' sweet.

cbayer

(146,218 posts)
51. File for it. It doesn't require much paperwork.
Sat May 24, 2014, 12:59 PM
May 2014

If you meet the criteria for a 501 (3) c, you get the exemption. You might even get it, being the leader of a crusade and all.

That's all there is to it.

struggle4progress

(118,332 posts)
95. The IRS will determine whether or not an organization is a "church" by considering
Sun May 25, 2014, 04:32 PM
May 2014

matters such as whether the entity has a distinct legal existence, a recognized creed and form of worship, a definite and distinct ecclesiastical government, a formal code of doctrine and discipline, a distinct religious history, a membership not associated with any other church or denomination, an organization of ordained ministers with ordained ministers selected after completing prescribed courses of study, a literature of its own, some established places of worship, some regular congregations, regular religious services, schools for the religious instruction of the young, and schools for the preparation of its members

http://www.irs.gov/Charities-&-Non-Profits/Churches-&-Religious-Organizations/Churches--Defined

Perhaps exhibiting a house and cubicle alone would not be regarded as persuasive evidence of a recognizable claim

cbayer

(146,218 posts)
62. Is he not aware of the ruling that found that atheist organizations
Sat May 24, 2014, 04:35 PM
May 2014

may fit the same criteria as religious organizations?

MellowDem

(5,018 posts)
103. Which is a terrible ruling in and of itself and not good precedent...
Mon May 26, 2014, 12:44 PM
May 2014

Saying atheism is like "religion" is just another way to preserve religious privilege for the vast majority with discriminatory laws that allow churches to have much less oversight than secular non-profits.

The just solution is for churches to have to comply with the same rules a secular non-profits does. And why shouldn't they? What is the reason they're treated more favorably? It's privilege.

pinto

(106,886 posts)
120. Church Audits - "Reasonable Belief" Requirement (IRS)
Tue May 27, 2014, 11:45 AM
May 2014

This seems to be the current standard -

http://www.irs.gov/Charities-&-Non-Profits/Churches-&-Religious-Organizations/Church-Audits-Reasonable-Belief-Requirement

Church Audits - "Reasonable Belief" Requirement

The IRS may begin a church tax inquiry only if an appropriate high-level Treasury official reasonably believes, based on a written statement of the facts and circumstances, that the organization: (a) may not qualify for the exemption; or (b) may not be paying tax on unrelated business or other taxable activity. This reasonable belief must be based on facts and circumstances recorded in writing.

The IRS can obtain the information supporting a reasonable belief from many sources, including but not limited to:
•Newspaper or magazine articles or ads,
•Television and radio reports,
•Internet web pages,
•Voters guides created and/or distributed by the church,
•Documents on file with the IRS (e.g. a Form 990-T filed by the church),
•Reliable information reports from concerned members of the church or the general public and
•Records concerning the church in the possession of third parties or informants.

The IRS must derive the facts and circumstances forming the basis for a reasonable belief from information lawfully obtained. If this information is obtained from informants, it must not be known to be unreliable. Failure of the church to respond to repeated IRS routine requests for information is a factor in determining if there is reasonable cause for commencing a church tax inquiry.


cbayer

(146,218 posts)
129. Hmmm…. "reasonably believes".
Tue May 27, 2014, 04:51 PM
May 2014

Man, that is mushy, isn't it.

But clearly they have a method to audit many, many churches who are clearly not following the rules.

pinto

(106,886 posts)
130. Yeah. Mushy is right. Looks like the group took the wrong approach in its suit. And the IRS,
Tue May 27, 2014, 05:04 PM
May 2014

woefully lacking in oversight. My take is the IRS is likely mired in regulations and year-to-year stuff. They go after the big ones, the obvious offenders, I guess.

They have the tools, though. I think funding for CA's Prop 8 was worth a look. Clearly an intrusion across church/state lines, imo. Documentation is always the key.

okasha

(11,573 posts)
132. I agree with you on prop h8.
Tue May 27, 2014, 05:12 PM
May 2014

There can be a really fine line, though, between lobbying for causes (allowable) and endorsing candidates (not allowable.)

pinto

(106,886 posts)
134. I think the line was lobbying and dollars for legislation. Well hidden, apparently,
Tue May 27, 2014, 05:26 PM
May 2014

but it seemed reasonable cause to me. It was a bitter time here in CA. We're moving beyond that in some ways, thankfully.

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