Clergy tax break unconstitutional - That's 3 FFRF victories in 8 days!

[HAB911]

A federal judge for a second time has ruled in favor of the historic challenge by the Freedom From Religion Foundation of a housing allowance in the tax code that uniquely privileges clergy.

At issue is the constitutionality of 26 U.S.C. § 107(2), a provision in the tax code that excludes from gross income a housing allowance paid to a "minister of the gospel."

Rep. Peter Mack, sponsor of the 1954 law challenged by FFRF, argued that ministers should be rewarded with a clergy allowance for "carrying on such a courageous fight against this [a godless and anti-religious world movement]." The clergy allowance is not a tax deduction but an exemption—allowing housing allowances paid as part of clergy salary to be subtracted from taxable income.

In 2013, U.S. District Judge Barbara Crabb ruled in FFRF's favor in its original challenge. Crabb's finding sent "shockwaves through the religious community," according to the Evangelical Council for Financial Accountability, which bitterly fought the ruling, along with just about every religious denomination in the country.

https://ffrf.org/news/news-releases/item/30540-ffrf-wins-major-housing-allowance-challenge-again

[EarnestPutz]

1. Talk about religious double-speak.

The "Evangelical Council for Financial Accountability" seems
to want the opposite of accountability.

[Freddie]

2. Can of worms

In the past most churches had a parsonage where the pastor and his/her family lived free of charge. Today many pastors would rather buy a house and they often get a housing allowance instead of parsonage housing. This is not taxed because the use of the parsonage was not taxed. I’m treasurer of my church and we have a parsonage but some years ago the pastor and his wife wanted to buy a house nearby so they would have a dwelling when he retired. We pay him $300/month housing allowance and lease the parsonage to a local non-profit that uses it for emergency housing for families in need. We make no $$ from this; the non-profit collects the rent, screens and supervises tenants and pays all upkeep and utilities from the rent. We are giving back to the community in this way instead of using the parsonage as a money-making rental.

[RandySF]

3. I disagree

Personages are typically owned by churches, which I don’t believe are subject to property taxes.

[Jim Lane]

8. You've misunderstood the OP

The decision is about an exemption from personal income taxes paid by members of the clergy.

As to property taxes, if a jurisdiction exempts from property taxes all nonprofits, religious and secular, then there's no discrimination and that law should be upheld as constitutional.

[Angry Dragon]

4. why should they get special rules when they don't think anyone else

should get special rules??

they get bent out of shape when it comes to gays and lesbians wanting to marry

[HAB911]

6. Supremacists will be supremacists

in all things

[Progressive dog]

5. Two hundred and twenty some years

after the 1st amendment was added to the Constitution and tax subsidies for religion still have to be fought against in court. Good for FFRF.

[mahina]

7. So this is good news, right?

Jesus, this reads like it was translated from Norwegian.
"A federal judge for a second time has ruled in favor of the historic challenge by the Freedom From Religion Foundation of a housing allowance in the tax code that uniquely privileges clergy....
At issue is the constitutionality of 26 U.S.C. § 107(2), a provision in the tax code that excludes from gross income a housing allowance paid to a "minister of the gospel."

Anyway, good!