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Author: Tuni Big gold star, 5000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: of 445588  
Subject: Atheist group files against IRS Date: 12/31/2012 11:22 AM
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"The Wisconsin-based Freedom from Religion Foundation (FFRF) has filed a lawsuit with the Internal Revenue Service, alleging that churches and religious non-profits receive unconstitutional preferential treatment unavailable to secular groups.

Tax-exempt 501(c)(3) nonprofit organizations must file a detailed application form, fee and annual information to obtain and maintain their tax-exempt status. However, churches and other religious organizations are exempted from the requirement to file the reports and fees, which the lawsuit describes as “detailed, intrusive, and expensive.”

The FFRF alleges it is unconstitutional for the IRS to provide benefits to churches and religious organizations “while discriminating against” secular non-profit groups “solely on the basis of religious criteria.”

“The preferential treatment provided to churches and other affiliated religious organizations constitutes an exclusive and discriminatory benefit to religion in violation of the Establishment Clause, as well as the equal protection rights required by the Due Process Clause of the Fifth Amendment to the United States Constitution,” states the lawsuit filed Thursday in U.S. District Court in Madison.

The lawsuit seeks a court order to stop the IRS “from continuing to exempt churches and other affiliated religious organizations from the application and annual information filings required of all other non-profit organizations under §501(c)(3).”


Raw Story (http://s.tt/1xNhy)

http://www.rawstory.com/rs/2012/12/30/atheist-group-sues-irs...
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Author: kenora Big red star, 1000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 415451 of 445588
Subject: Re: Atheist group files against IRS Date: 12/31/2012 3:03 PM
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Let's hope they get a humanist judge. An evangelical christian judge might let god make the decision.

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Author: AngelMay Big funky green star, 20000 posts Top Favorite Fools Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 415455 of 445588
Subject: Re: Atheist group files against IRS Date: 12/31/2012 3:17 PM
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Let's hope they get a humanist judge. An evangelical christian judge might let god make the decision.

-------


If they wait for god to make the decision, there will never be one.

AM

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Author: culcha Big gold star, 5000 posts Old School Fool CAPS All Star Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 415477 of 445588
Subject: Re: Atheist group files against IRS Date: 12/31/2012 7:34 PM
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'bout time!

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Author: FoolishVintner Three stars, 500 posts Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 415481 of 445588
Subject: Re: Atheist group files against IRS Date: 12/31/2012 9:24 PM
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"...no Church property anywhere, in any state, or in the nation, should be exempt from equal taxation; for if you exempt the property of any church organization, to that extent you impose a tax upon the whole community.”

— — James A. Garfield

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Author: ShouldKnowBetter Big red star, 1000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 415486 of 445588
Subject: Re: Atheist group files against IRS Date: 1/1/2013 1:14 AM
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The lawsuit seeks a court order to stop the IRS “from continuing to exempt churches and other affiliated religious organizations from the application and annual information filings required of all other non-profit organizations under §501(c)(3).”

Sorry, but they would had a better chance to win if they were trying to exempt everyone else from filling out the forms and fees. Why? Because of the first amendment.

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Author: 1poorguy Big funky green star, 20000 posts Top Recommended Fools Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 415491 of 445588
Subject: Re: Atheist group files against IRS Date: 1/1/2013 12:49 PM
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This doesn't involve the first amendment at all. Everyone is still free to practice their religion, it's just no longer going to be subsidized by the rest of us (assuming the suit wins).

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Author: benjd25 Big gold star, 5000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 415496 of 445588
Subject: Re: Atheist group files against IRS Date: 1/1/2013 1:35 PM
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This doesn't involve the first amendment at all.

Huh? Yes it does. The establishment clause is part of the first amendment.

“The preferential treatment provided to churches and other affiliated religious organizations constitutes an exclusive and discriminatory benefit to religion in violation of the Establishment Clause, as well as the equal protection rights required by the Due Process Clause of the Fifth Amendment to the United States Constitution,” states the lawsuit filed Thursday in U.S. District Court in Madison.

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Author: 1poorguy Big funky green star, 20000 posts Top Recommended Fools Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 415497 of 445588
Subject: Re: Atheist group files against IRS Date: 1/1/2013 1:42 PM
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The person I was replying to seemed to think it affected freedom of religion. That clearly is not the case. However, you are correct. First Amendment also reinforces the suit. Which is stated in the article.

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Author: Goofyhoofy Big funky green star, 20000 posts Top Favorite Fools Top Recommended Fools Feste Award Nominee! Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 415506 of 445588
Subject: Re: Atheist group files against IRS Date: 1/1/2013 6:27 PM
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(assuming the suit wins).

It won't. The days of the Supreme Court doing the right thing because the legislature is too timid or too retrograde (civil rights, segregated schools, contraception, abortion) are over. The Obamacare decision was an anomaly, and there is no way that coalition is going to find in favor of taxing churches.

If it even gets a hearing, which I doubt, the vote will be 9-0 or, in my best case fantasy world, 8-1.

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Author: ShouldKnowBetter Big red star, 1000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 415507 of 445588
Subject: Re: Atheist group files against IRS Date: 1/1/2013 6:51 PM
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The person I was replying to seemed to think it affected freedom of religion.

Nope, you assumed wrong.

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Author: 0x6a74 Big funky green star, 20000 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 415508 of 445588
Subject: Re: Atheist group files against IRS Date: 1/1/2013 7:08 PM
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(assuming the suit wins).

It won't. The days of the Supreme Court doing the right thing because the legislature is too timid or too retrograde (civil rights, segregated schools, contraception, abortion) are over. The Obamacare decision was an anomaly, and there is no way that coalition is going to find in favor of taxing churches.

If it even gets a hearing, which I doubt, the vote will be 9-0 or, in my best case fantasy world, 8-1.



i read the Obamacare ruling differently, but other wise yeah

*slight* chance it wins in District ,then overturned at Appellate, and not heard by USSC

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Author: olRoger One star, 50 posts Old School Fool Add to my Favorite Fools Ignore this person (you won't see their posts anymore) Number: 415512 of 445588
Subject: Re: Atheist group files against IRS Date: 1/2/2013 3:11 AM
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This doesn't involve the first amendment at all. Everyone is still free to practice their religion, it's just no longer going to be subsidized by the rest of us (assuming the suit wins).



I do not read the suit to require taxes, only the filing informational returns as other 501(c)(3) organizations. There are many 501(c)(3) whihc pay no taxes. I have been part of 3 such orgs. It would ensure that churches which engage in activities outside 501(c)(3) would be taxed for those activities (hospitals may be exempt, as some hospitals are 503(c)(3), but not such activities as investing in commercial activities or rental property). The suit is saying that churches should not get a bye on all commerce merely by being churches.

o R

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