It looks like the IRS may have decided to punt. Faced with dozens of pastors purposefully running afoul of the prohibition against campaigning by tax-exempt organizations, the agency is refusing to give them the pleasure of an investigation. In addition to Minnesota pastor Gus Booth, who recently learned his investigation was dropped, Amy Sullivan now reports that multiple churches involved in the IRS' "Pulpit Freedom Sunday", who were hoping to generate a test case to challenge that regulation as unconstitutional, received word that no further action would be taken.
In a letter to pastors notifying them that it is dropping the more recent investigation, the IRS has cited a "procedural problem" in going forward. It's unclear what that might be.
Procedural problem? What could that possibly mean?
Assuming the problem was nothing more than: we-don't-want-to-step-into-that-minefield, I have mixed feelings. On the one hand, it's nice not to reward such a cynical rebellion, organized by an outside group, inciting pastors with, I think, irresponsible messages jeopardizing the tax-exempt privileges those congregations enjoy. In addition to that, recent polls have shown most church-goers would prefer their services would be de-politicized, not ultra-politicized.
On the other hand, that warning of jeopardy is a tougher one to sell now that the enforcers have decided to give a pass to such a direct violation. How can future investigations justify penalty in light of this decision?
Will we get a clarification of this "problem"? Have all pastors involved been sent this notice? Sullivan reports also that ADF has responded by announcing another "Pulpit Freedom Sunday" to be held next month.
