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11-27-13 U.S. federal judge strikes down law giving clergy tax-free housing allowance

Rule pending appeal — Adventist Church will likely file friend of court brief
U.S. federal judge strikes down law giving clergy tax-free housing allowance  
A U.S. federal judge in Wisconsin ruled that the "parsonage exemption" for clergy is unconstitutional. Her decision is pending appeal. Above, the parsonage of the First Methodist Church in Monroe, Wisconsin. [photo: James Steakley/Wikimedia Commons] Adventist News Network  
A United States federal judge last week ruled that the clergy exemption for paying taxes on income designated for housing is unconstitutional, a ruling that if upheld could affect the compensation package of tens of thousands of clergy in the country.

In her decision, U.S. District Court Judge Barbara Crabb said the law, known as the “parsonage exemption,” benefits “religious persons and no one else, even though doing so is not necessary to alleviate a special burden on religious exercise.”

The exemption for clergy, she wrote, violated the Establishment Clause of the First Amendment, which prohibits Congress from making a law “respecting an establishment of religion.”

Crabb said her ruling would not be enforced pending appeal.

Her decision is the result of a suit brought by the Wisconsin-based Freedom From Religion Foundation, which advocates for the separation of church and state. The foundation sued the U.S. Treasury secretary and Internal Revenue Service commissioner over the exemption, which was passed by Congress in 1954. Section 107 of the Internal Revenue Code permits a “minister of the gospel” to designate some compensation as a housing allowance and exempt it from income tax.

“This ruling is a huge deal because it would have a dramatic impact in how the church compensates its ministers,” said Tom Wetmore, associate general counsel for the Seventh-day Adventist Church. “We have long depended on this tax benefit for the compensation package for our clergy in North America.”

The after-tax benefit to Adventist ministers is estimated between 5 and 10 percent of their total compensation package, he said.

Wetmore said the ruling also raises questions about other aspects of the tax status of ministers and other unique tax rules for churches, such as exemptions from reporting revenue activities and church benefit plans.

The case is expected to be appealed to the 7th U.S Circuit Court of Appeals in Chicago. If so, Wetmore said the Adventist Church would likely file an amicus brief (friend of the court) or join an amicus brief brought by other groups.

Author: Ansel Oliver
Adventist News Network
Silver Spring, Maryland
November 26, 2013 

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