Written by Don Byrd
We are probably months away from an Appeals Court ruling in the dispute over the constitutionality of the IRS’ ministers housing allowance. But a Politico feature today on the topic is worth a look. It draws attention to the consequences some argue would result from a ruling that strikes down the tax break.
“You’re asking judges to delve into the inner workings of a church,” [Liberty Institute Senior Counsel Justin] Butterfield said. “The parsonage exemption as it is written solves those problems.”
The fear among church advocates like Chopko is that killing the provision forces either judges or the IRS into the uncomfortable, and possibly unconstitutional territory of being the arbiters of legitimate religion.
“History teaches that [in those cases] the odd and the less familiar and the new fare much worse than the old the familiar and the established,” he said.
The 7th Circuit heard oral arguments in the case earlier this month after a trial court ruled the tax benefit unconstitutional last year. The BJC’s Brent Walker criticized that ruling shortly after, arguing the housing allowance is constitutional.
