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IRS probes politics at church
Miami Herald ^ | ANDREA ROBINSON

Posted on 03/22/2005 8:23:42 AM PST by Brian Mosely

The IRS has notified a Liberty City church that it is under investigation for possibly engaging in political activity -- putting its tax-exempt status into question.

The probe is related to an appearance last October by Democratic presidential candidate John Kerry and several black leaders, including U.S. Rep. Kendrick Meek of Miami, the Rev. Al Sharpton and the Rev. Jesse Jackson.

The reason for the investigation, an IRS official wrote in a 10-page letter obtained by The Herald, is that ``a reasonable belief exists that Friendship Missionary Baptist Church has engaged in political activities that could jeopardize its tax-exempt status as a church.''

(Excerpt) Read more at miami.com ...


TOPICS: Culture/Society; News/Current Events; Politics/Elections; US: Florida
KEYWORDS: blackchurch; churchandstate; democrats; electioneering; firstamendment; irs; kerry; politicking; taxes
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To: GGpaX4DumpedTea

Give that man the $64,000!! You are correct. I wish more people would study this carefully, especially churches.


81 posted on 03/22/2005 10:07:11 AM PST by TommyDale
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To: GGpaX4DumpedTea
And the IRS cannot take away the church tax exempt status...

Got links?

82 posted on 03/22/2005 10:07:25 AM PST by polymuser
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To: TommyDale
I beg to differ with you. Only 501(c)(3) churches are limited.

1. Was Liberty City Church a 501(c)(3)?

2. If a church is not a 501(c)(3), what tax exempt status do they have?

83 posted on 03/22/2005 10:08:09 AM PST by Go Gordon
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To: Preachin'

Exactly...stay away from 501(c)(3) status and you will be just fine. I have handle incorporation for several churches, just be sure you file with your state's Secretary of State as a "religious non-profit".


84 posted on 03/22/2005 10:10:16 AM PST by TommyDale
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To: polymuser
What's the basis for non-taxation in return for political silence, particularly about candidates, and the threat of taxation should an organization endorse a candidate?

It didn't used to be that way. LBJ was a prime instigator in getting 501(c)(3) orgs out of the electioneering business through changes in IRS regs.

The basic idea is that 501(c)(3)groups who don't pay taxes shouldn't be using that benefit to endorse or work against candidates.

And, how can that square with tax-exemption for purely political organizations (527's)?

Theoretically at least, 527's also cannot engage in electioneering. They can do voter mobilization, issue advocacy, etc. But they still can't expressly say "vote" or "don't vote" for candidates.

85 posted on 03/22/2005 10:12:00 AM PST by gdani
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To: Always Right
Churches are inheriently exempt from federal taxes under our Constitution and should not need a special filing status.

No, they're not. Churches can be taxed on par with any other entity. The Constitution only prevents the government from taxing a religious organization at a higher rate than non-religious ones.

86 posted on 03/22/2005 10:12:11 AM PST by Modernman ("They're not people, they're hippies!"- Cartman)
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To: BriarBey
By signing the document to become a tax exempt church....the church has given over its rights to the government...

And as such has become what I call a "government church" or a "state-sponsored church". In becoming a slave to it's master(the government), it must abide by the "rules". Sign the papers and hand over free speech right(s).

To quote this website: http://hushmoney.org/

Acceptance of State favors has, indeed, had "disastrous" consequences on the churches in America. The church has been effectively silenced (or as Dr. Kennedy put it, "gagged"). Now the disastrous consequences are being felt by the entire nation.

Churches were only added to section 501c3 of the tax code in 1954. We can thank Sen. Lyndon B. Johnson for that. Johnson was no ally of the church. As part of his political agenda, Johnson had it in mind to silence the church and eliminate the significant influence the church had always had on shaping "public policy." Although Johnson proffered this as a "favor" to churches, the favor also came with strings attached (more like shackles).

87 posted on 03/22/2005 10:13:43 AM PST by Johnny Crab (Always thankful.)
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To: GGpaX4DumpedTea

We are in total agreement here. Almost all churches are misinformed by lawyers and IRS people who want them to spend the time and money to file as 501(c)(3) when it is totally unnecessary. I would state with confidence that several people in the IRS don't even know this.


88 posted on 03/22/2005 10:14:40 AM PST by TommyDale
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To: Go Gordon

If the IRS is investigating, it probably WAS a 501(c)(3) but I wouldn't have any idea. I didn't write their application to the IRS. If they did, it is their own fault.

Any non-profit religious organization is automatically tax-exempt. The key is when they file with their state's Secretary of State, they need to file as a "non-profit religious corporation". This will also require a "Statement of Faith" and by-laws. The secret is to do it right the first time. No one offers this information, because it takes money away from lawyers and the IRS.


89 posted on 03/22/2005 10:18:18 AM PST by TommyDale
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To: TommyDale

A supporting article:
Churches need not be 501(c)(3)
http://www.proliberty.com/observer/20040518.htm

As for the Constitution specifying this, I believe people mean the First Amendment and "shall make no law". Yeah, I know...too simple.


90 posted on 03/22/2005 10:23:07 AM PST by polymuser
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To: polymuser

"Got links?"

I can get some for you later. FReepMail me as a reminder, if you wish.


91 posted on 03/22/2005 10:24:56 AM PST by GGpaX4DumpedTea
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To: Go Gordon
Dude, all of the laws established by Congress are not specifically enumerated in the Constitution. That does not mean the laws are unconstitutional. You won't find a 65 MPH speed limit listed in the Constitution.

Dude, the First Amendment does not specifical say Congress shall not regulate speed limits, although it does specifically protect the establishment of religion.

92 posted on 03/22/2005 10:27:36 AM PST by Always Right
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To: gdani
Theoretically at least, 527's also cannot engage in electioneering...

Well, I certainly never got the idea that MoveOn or SBVFT supported or opposed specific candidates. Nice to see McCain/Feingold theory proving out...

93 posted on 03/22/2005 10:27:37 AM PST by polymuser
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To: Modernman
No, they're not. Churches can be taxed on par with any other entity.

No they are not. All Churches were tax-exempt prior to 1954. It was only after the invention of the 501(c)(3) status that Churches have had their tax-exempt status entangled with politicking. The IRS have been tricking Churches for 50 years into believing they must be file as a 501(c)(3) entity to obtain this special right. It has been so long that people will soon forget that Churches are inheriently tax exempt and courts will soon follow. The First Amendment is becoming more meaningless everyday and many don't seem to care.

94 posted on 03/22/2005 10:37:23 AM PST by Always Right
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To: Brian Mosely

No problem - the IRS needs to be informed that these politicians were Black Democrats, not Christians, so there was no mixing "religion and politics."


95 posted on 03/22/2005 10:38:51 AM PST by zerosix
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To: TommyDale
The secret is to do it right the first time. No one offers this information, because it takes money away from lawyers and the IRS.

And that secret little 'loophole' previous known as the Constitution will soon be closed as people will accept the conventional wisdom that Churches are tax exempt solely because of some IRS codes.

96 posted on 03/22/2005 10:40:19 AM PST by Always Right
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To: Always Right
No they are not. All Churches were tax-exempt prior to 1954.

Sure, but that is a political decision. There is no Constitutional ban on taxing churches like any other similar entity.

The government cannot treat religious entities worse than secular entities, but that does not mean that government is required to treat them any better.

97 posted on 03/22/2005 10:43:43 AM PST by Modernman ("They're not people, they're hippies!"- Cartman)
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To: Always Right

Exactly...


98 posted on 03/22/2005 10:50:27 AM PST by TommyDale
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To: Modernman
Sure, but that is a political decision. There is no Constitutional ban on taxing churches like any other similar entity.

Generally, it has been accepted that the First Amendment protected Churches against taxation by the federal government. The 501(c)(3) appeared to be a codification of this long accepted principle, but was actually a trick give Congress the authority to regulate Churches. For almost 200 years Churches enjoyed tax-exempt status with no strings attached. Now that magically comes with strings attached. Even now Churches are still 'tax-exempt' but only if they bow down to the regulations of Congress which is prohibited from regulating them.

99 posted on 03/22/2005 10:52:51 AM PST by Always Right
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To: Graybeard58
If they exempt me from paying taxes I will shut my political mouth from now on

Me too, me too !!!

100 posted on 03/22/2005 11:05:30 AM PST by coder2
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