tim-mooney.com » 501(c)(3) election activity

CNN report on ‘Pulpit Freedom Sunday’

Tim Mooney — Mon, 29 Sep 2008 16:26:00 +0000

Sadly, the hubris of the heads of these churches may hurt their parishioners. Remember, the Constitution protects the right to speech and religion, but not tax exemption…

‘Tis the season for pastors to risk their churches’ tax status

Tim Mooney — Wed, 03 Sep 2008 23:44:00 +0000

The New York Times has the latest… Pastors’ Web Electioneering Attracts U.S. Reviews of Tax Exemptions.

Nonprofits, campagn interventions and the Internet

Tim Mooney — Wed, 06 Aug 2008 17:30:00 +0000

The IRS has issued a new directive (PDF) that gives a couple of pages of not terribly helpful guidance on 501(c)(3)s links on their websites to affiliated and unaffiliated organizations. Nothing earth shattering in this doc other than what most nonprofit attorneys have been suggesting over the last few years: watch the context of your links. The one piece of good news is that it looks like the IRS isn’t going to spend a lot of time looking at links to affiliated organizations (501(c)(4)s, etc.). I always appreciate guidance from the IRS, but restating the “facts and circumstances” analysis generally doesn’t help too much. It’s a double edged sword… less guidance may allow more leeway, but it also creates a lot of uncertainty as we head towards November.

Phill Kline: at some point, he’s got to get a tax lawyer

Tim Mooney — Fri, 01 Aug 2008 22:35:00 +0000

Phill Kline and I have never met, but I feel like I know him. He once was Attorney General in the state of Kansas, and when he ran for re-election in 2006 used some very, very questionable tactics in getting church support for his campaign. As you know if you’re a regular reader, that’s illegal under tax law. I wrote a complaint to the IRS on behalf of an organization I used to work for, and it got a fair amount of attention from the local press. Kline lost that election, but became a county DA in Kansas right afterwards. This year he’s running for reelection and lo and behold, guess who’s got yet another 501(c)(3) problem? Phill Kline. This time, it’s a supporter who has put her pro-life group’s tax status in jeopardy by basically fundraising for Mr. Kline’s campaign under the banner of her group’s letterhead. Check out the letter at the Nonprofit Law Prof blog (a regular read for me these days!).

In any event, it’s funny running into Phill Kline again in the pages of Kansas newspapers for more issues with campaign intervention by (c)(3)s…

Are churches different from other charities?

Tim Mooney — Tue, 22 Jul 2008 19:57:00 +0000

The ongoing saga of Sen. Grassley’s investigation into megachurches, including Kenneth Copeland Ministries, brought this response from KCM in a press release:

However, the Church respectfully disagrees with Senator Grassley’s position that churches are no different from any other tax-exempt organization. Any government inquiry into the affairs of a church raises serious constitutional issues that must be carefully balanced against the government’s need to evaluate the effectiveness of the laws of the land. To ensure its constitutional rights are not unnecessarily infringed upon, the Church firmly believes that it must be given the protections from disclosure afforded by the federal tax laws and the benefit of the processes and procedures that apply to inquires of churches made by the IRS.

When I have taught tax exempt law concepts in seminars and conferences, I have found that some in the secular charitable world find the unofficial distinctions and preferences often afforded to religious entities as unfair and unjust. I’m not sure I totally agree with that (there are a host of reasons why churches and religious institutions should be held to different standards than groups like Nature Conservency or even small community charities). I think it’s an interesting discussion however – what do you think? Should churches and religious institutions be treated differently by the IRS and tax law?

Update… today’s Des Moines Register… did Sen. Grassley lose his delegate spot at the GOP convention because he’s pursuing churches?

Churches testing the courts on politics

Tim Mooney — Fri, 09 May 2008 23:40:00 +0000

The Chronicle is reporting an impending legal firestorm:

In a test of federal tax law, a conservative legal group is encouraging pastors to preach about election candidates in September, reports The Wall Street Journal.

The Alliance Defense Fund hopes a court case will result from this open defiance of tax rules, which bar churches from engaging in partisan politics, and that the restrictions will be struck down by the courts.

Would the current Supreme Court turn back the decades-old ban on electioneering by churches? Would there be an equal protection problem if this was not also extended to other public charities? These and other questions might be answered in the next couple of years…