A thin line here, no question..... *"The tax code allows a wide range of political activity by houses of worship, including speaking out on social issues and organizing congregants to vote. But churches cannot endorse a candidate or engage in partisan advocacy. The presidential election has seen a series of statements by clergy that critics say amount to political endorsements. Religious leaders say they are speaking about public policies, not candidates, and have every right to do so." *
On Tue, Nov 6, 2012 at 4:12 PM, plainolamerican <[email protected]>wrote: > For the past three years, the Internal Revenue Service hasn't been > investigating complaints of partisan political activity by churches, > leaving religious groups who make direct or thinly veiled endorsements > of political candidates unchallenged. > Associated Press > New York > Nov 5, 2012 > > The IRS monitors religious and other nonprofits on everything from > salaries to spending, and that oversight continues. However, Russell > Renwicks, a manager in the IRS Mid-Atlantic region, recently said the > agency had suspended audits of churches suspected of breaching federal > restrictions on political activity. A 2009 federal court ruling > required the IRS to clarify which high-ranking official could > authorize audits over the tax code's political rules. The IRS has yet > to do so. > > Dean Patterson, an IRS spokesman in Washington, said Renwicks, who > examines large tax-exempt groups, "misspoke." Patterson would not > provide any specifics beyond saying that "the IRS continues to run a > balanced program that follows up on potential noncompliance." > > However, attorneys who specialize in tax law for religious groups, as > well as advocacy groups who monitor the cases, say they know of no IRS > inquiries in the past three years into claims of partisanship by > houses of worship. IRS church audits are confidential, but usually > become public as the targeted religious groups fight to maintain their > nonprofit status. > > "The impression created is that no one is minding the store," said > Melissa Rogers, a legal scholar and director of the Center for > Religion and Public Affairs at Wake Forest University Divinity School > in North Carolina. "When there's an impression the IRS is not > enforcing the restriction — that seems to embolden some to cross the > line." > > The issue is closely watched by a cadre of attorneys and former IRS > officials who specialize in tax-exempt law, along with watchdog groups > on competing sides of the church-state debate. > > Americans United for Separation of Church and State, which seeks > strict limits on religious involvement in politics, and the Alliance > Defending Freedom, which considers the regulations unconstitutional > government intrusion, scour the political landscape for any potential > cases. While Americans United gathers evidence it hopes will prompt an > IRS investigation, the Alliance Defending Freedom jumps in to provide > a defense. Neither group knows of any IRS contact with houses of > worship over political activity since the 2009 federal ruling. > > Nicholas Cafardi, a Duquesne University Law School professor and Roman > Catholic canon lawyer who specializes in tax-exempt law, said he has > heard of no IRS inquiries over churches and politics in the last three > years. Neither has Marcus Owens, a Washington attorney who spent a > decade as head of the IRS tax-exempt division and is now in private > practice. > > Owens, who was with the IRS through 2000, said the agency had once > initiated between 20 and 30 inquiries each year concerning political > activity by churches or pastors. He said he knows of only two recent > cases the IRS pursued against houses of worship or pastors, and > neither involved complaints over partisan activity. > > "What the IRS is desperate to do is to avoid signaling to churches and > pastors that there is no administrative oversight," Owens said. "The > IRS has been vigilant with regard to civil fraud and criminal cases, > but those aren't all that common." > > The tax code allows a wide range of political activity by houses of > worship, including speaking out on social issues and organizing > congregants to vote. But churches cannot endorse a candidate or engage > in partisan advocacy. The presidential election has seen a series of > statements by clergy that critics say amount to political > endorsements. Religious leaders say they are speaking about public > policies, not candidates, and have every right to do so. > > The Billy Graham Evangelistic Association has recently taken out full- > page ads in major newspapers, featuring a photo of renowned evangelist > Billy Graham, urging Americans to vote along biblical principles. > Graham met last month with Mitt Romney and pledged to do "all I can" > to help the Republican presidential nominee. > > In a survey last week by the Pew Forum on Religion and Public Life, 40 > percent of black Protestants who attend worship services regularly > said their clergy have discussed a specific candidate in church — and > the candidate in every instance was President Barack Obama. > > This Sunday, Roman Catholic Bishop Daniel Jenky of Peoria, Ill., > ordered all the priests in his diocese to read a statement urging > Catholics to vote and stating that, "Catholic politicians, > bureaucrats, and their electoral supporters who callously enable the > destruction of innocent human life in the womb also thereby reject > Jesus as their Lord." > > In Texas, a pastor of a small independent church posted a sign on the > front of the building that read, "Vote for the Mormon, not the > Muslim." Romney is the first Mormon nominee for president by a major > party. Opponents of Obama, who is Christian, have spread false rumors > that he is Muslim. > > Renwicks made his comments Oct. 18, at a Washington seminar on tax- > exempt organizations presented by the American Law Institute- > Continuing Legal Education. Responding to a moderator's question about > the status of church audits, Renwicks said, "we're basically holding > any potential church audits — they're basically in abeyance. > > "I haven't done a church audit in quite some time," said Renwicks, > according to a recording of the talk provided by the American Law > Institute. "There were one or two — what I'd call somewhat, maybe > potentially egregious cases — where I thought maybe, we need to go out > there, but even those were put in abeyance until we get the signature > issue resolved." > > An IRS reorganization in 1998 put responsibility for authorizing the > audits in the hands of lower-ranking IRS officials. A Minnesota > pastor, who faced an audit over his 2007 endorsement from the pulpit > of Rep. Michele Bachmann, argued the IRS was violating its own rules. > In 2009, a federal judge agreed, prompting a formal IRS rule-making > process that continues today. > > Dean Zerbe, a former senior counsel to the Senate Finance Committee > who specializes in tax fraud and abuse, said the audits are "an > extremely hellish area for the IRS to deal with." > > The agency has to balance enforcement with churches' First Amendment > rights. Even when the federal agency finds an outright violation, the > penalty for houses of worship is usually little more than a warning. > The IRS has revoked nonprofit status in just a handful of these cases > since the rules for religious groups were adopted in 1954. > > Last month, more than 1,500 pastors, organized by the Alliance > Defending Freedom, endorsed a candidate from the pulpit and then sent > a record of their statement to the IRS, hoping their challenge would > eventually end up in court. The Alliance has organized the event, > called "Pulpit Freedom Sunday," since 2008. The IRS has never > contacted a pastor involved in the protest. > > "I think people are misled to think the IRS wakes up every morning > wanting to knock on the door of a church or synagogue," said Zerbe. > "Most senators blanch at the idea of having an IRS agent in the pews > listening to what's going on from the pulpit. ... I think the IRS in > some ways reflects that similar discomfort." > > -- > Thanks for being part of "PoliticalForum" at Google Groups. > For options & help see http://groups.google.com/group/PoliticalForum > > * Visit our other community at http://www.PoliticalForum.com/ > * It's active and moderated. Register and vote in our polls. > * Read the latest breaking news, and more. > -- Thanks for being part of "PoliticalForum" at Google Groups. For options & help see http://groups.google.com/group/PoliticalForum * Visit our other community at http://www.PoliticalForum.com/ * It's active and moderated. Register and vote in our polls. * Read the latest breaking news, and more.
