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What defines a church? This question has bedeviled tax courts for years. The IRS has adopted a list of 14 criteria set out in De La Salle v. United States. Commonly referred to as the “fourteen points test”, it is important to note that the judges in the case did not intend for there to be a minimum number of criteria an organization must meet in order to satisfy the definition of a “church” as enumerated in their opinions.
In applying the Fourteen Points analysis to determine whether a religious organization may properly be characterized as a church, the IRS considers whether the organization has the following characteristics:
Scholarly analysis of the Fourteen Points by Robert Louthian and Thomas Miller recognized that the determination of what defines a church cannot be made solely on the number of the Fourteen Points a church meets. To quote: “Given the variety of religious practice… Attempts to use a dogmatic numerical approach might unconstitutionally favor established churches at the expense of newer, less traditional institutions.”
The Monastery adheres to the Fourteen Points as we think it is better to err on the side of caution when dealing with the IRS as the 2010 Church and Non-Profit Tax and Financial Guide book recommends. This is not, however, a tacit endorsement of the exclusionary and discriminating character of the Fourteen Points.
For the past few decades, the Equal Employment Opportunity Commission has focused on a wide range of employment discrimination cases. These have included not only religious discrimination but also discrimination based on race, national origin, disability, and gender. However, the new administration could force the EEOC to shift its priorities to a considerable degree thanks Read More
Celebrity lawsuits never fail to attract attention for obvious reasons. Many of these cases are largely inconsequential, and they would be considered routine if not for their participants. That said, celebrity lawsuits often educate the public about how our legal system works, and to that end, one might argue they serve a useful purpose. For Read More
Since the arrival of the new administration, immigration policies in the United States have changed drastically. While many Americans are happy about these changes, the voice of discontent grows louder and louder. Among these voices are many church representatives. Although people of various faiths have been expressing their views on immigration for many years, the Read More
Religious lawsuits may involve various issues, including the Constitution, wrongful termination, and discrimination. While real estate is not typically associated with religious lawsuits, two recent cases show that these two areas can intersect. These lawsuits involve situations where churches are involved in property tax exemption and landlord activities. Atheists Sue City of Madison for Property Read More
According to the official website of the Church of Jesus Christ of Latter-day Saints, “tithing” involves donating 10% of your income to the Church. It is a requirement for all people of the Mormon faith, and the church describes the practice as a “commandment” practiced since ancient times. Tithing has proven to be incredibly controversial, Read More