A federal judge has ruled that an Internal Revenue Service (IRS) provision that exempts clergy from including their rental allowance in their reported gross income is unconstitutional, the Christian Post website reports today (October 9, 2017).
U.S. District Court Judge Barbara Crabb for the Western District of Wisconsin ruled on October 6 that IRS 26 U.S. Code 107 (2) violated the First Amendment.
Judge Crabb referenced a 2013 decision of hers against the IRS provision, saying that it "violates the establishment clause because it does not have a secular purpose or effect."
"Although defendants try to characterize 107 (2) as an effort by Congress to treat ministers fairly and avoid religious entanglement, the plain language of the statute, its legislative history and its operation in practice all demonstrate a preference for ministers over secular employees," wrote Crabb.
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