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Kadie Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-08-04 09:55 PM
Original message
LA couple seeks same religious tax break as Scientologists
LA couple seeks same religious tax break as Scientologists

By PAUL CHAVEZ, Associated Press Writer


Last Updated: November 8, 2004, 04:25:16 PM PST


LOS ANGELES (AP) - A lawyer for an Orthodox Jewish couple claimed Monday that the Internal Revenue Service has violated the First Amendment by refusing to allow tax deductions for their children's religious schooling.

The IRS should allow the deductions because it permits members of the Church of Scientology to write off the cost of spiritual counseling sessions, attorney Jeffrey Zuckerman said during the first day of a non-jury trial in U.S. Tax Court before Judge John O. Colvin.

The First Amendment prohibits the IRS from discriminating on the basis of religion, Zuckerman said.

Michael and Marla Sklar of Los Angeles brought the lawsuit after the IRS ruled their deductions were invalid because Jewish school tuition was considered payment for a service, not a charitable contribution.

more...
http://www.modbee.com/state_wire/story/9399223p-10307221c.html
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Charlie Brown Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-08-04 09:58 PM
Response to Original message
1. I agree with the IRS on this one
They shouldn't have to change the rules about "charitable contributions" just because these people want that.
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politicat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-08-04 10:03 PM
Response to Reply #1
3. Then the Scientologists owe a hell of a lot of money.
If the IRS is disallowing one group's deductions, then they must disallow all of them. Or allow all of them.

Pcat
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Charlie Brown Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-08-04 10:05 PM
Response to Reply #3
4. they write-off "spiritual counseling sessions"
not tuititon fees.
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politicat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-08-04 10:47 PM
Response to Reply #4
7. Ummm... from this atheist perspective, they're both religious education
fees.

Scientologists use their spiritual counseling sessions to learn about their religion and their growth within their faith. So is tuition.

Thus.... I think the Orthos have a very solid point.

Pcat
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Charlie Brown Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-08-04 11:16 PM
Response to Reply #7
9. So when the Christians and home-schoolers
Edited on Mon Nov-08-04 11:17 PM by Charlie Brown
start yammering to the IRS to get write-offs for their "education" fees, you have no problem with that? Calling spiritual counseling or tuition "charitable giving" is a big stretch for any religious denomination and I don't think the IRS should be treating them as such.
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politicat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-08-04 11:40 PM
Response to Reply #9
10. No, I think no one should get the write-off. But if what it takes to get
that loophole closed is a lot of different religious taking advantage of the same loophole - or being denied that loophole and suing when they're denied it - then that's what it takes. I very much think the loophole must be closed and must be closed for everyone. I think you misread what I was saying.

What I'm saying is that the Scientologists owe back taxes (as does everyone who has taken advantage of this type of loophole, including people who write off their marriage counseling because their counselor is their minister and they make a "free will" donation in lieu of going to a real counselor) and should be made to pay. If you figure a million Scientologists, spending a couple grand a year on classes (they're not cheap); you tax five percent because they should not have gotten the exemption and another 5% in late fees, and the loophole's been ongoing for how many years?... Hey! That's $200 Million on just a year! We just paid for No Child Left Behind! :silly:

(Of course, I'm also one of these horrible people who think churches should be forced to pay taxes just like every other business and definitely property taxes on their real property. No special rights.)
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FM Arouet666 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-08-04 10:01 PM
Response to Original message
2. Me too, agree with IRS.
As for Scientology, they are nut bags. Should have their tax exempt status revoked.
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unblock Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-08-04 10:08 PM
Response to Reply #2
5. the point is that the irs needs to be consistent
this would appear to be a form of protest. i think the defendants in this case would be happy to forego the deduction if the scientologists also had to forego theirs.
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BernieBear Donating Member (350 posts) Send PM | Profile | Ignore Tue Nov-09-04 08:18 AM
Response to Reply #2
12. Ummmm What happened to Democratic Religious Tolerance? n/t
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HuffleClaw Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-08-04 10:16 PM
Response to Original message
6. $cientology is NOT going to be happy about this
i sure hope these poor folks have some idea of what they are up against. When the cult of $cientology gets wind of this, and i'm sure they have, they are going to be PEEVED. the cult spent about a DECADE in a prolonged battle with the IRS for their 'rights' and are not about to have their validity challenged now. funny though, how it took a LEGITIMATE religion to bring their scam as a 'religion' to light.

personally? my take is the IRS will quietly cave on this or pass the buck somehow, especially if the $cn lawyers get involved.

http://www.xenu.net/ <--- for all sorts of ugly truths about the criminally convicted cult of $cientology (and you thought the moonies were bad? you ain't seen nothing yet!)

http://www.scientology.org/ <--- their official site FYI
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Maat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-08-04 11:03 PM
Response to Reply #6
8. Guys, it's simple.
Any church service-related dollars given is considered to be deductible.

And this lawsuit smells to high heaven. I believe that it is a back-door way to get the state to subsidize religious education (back-door school vouchers).

And I favor Scientology having deductions. Why? Because I don't want my religious services to be called 'fake' down the line.

Remember what they tried in Texas - they disallowed a UU church's tax-exempt status, because some state official decided that any org that didn't require a belief in a deity (the way she defined it) did not qualify for church status. It was very scary, and she was later ordered to back off and restore the church's status.

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sakabatou Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-08-04 11:55 PM
Response to Reply #8
11. When I was at my hebrew school for 5 years...
my family got no tax breaks either. I think that the IRS is right on this, but the Scientologists should get their tax exempts revoked because spiritual conseling is like a service not a charity, just like phychology sessions.
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noonwitch Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 08:37 AM
Response to Reply #6
13. Didn't they also sue the owners of a website criticizing their religion?
Seems I read about that somewhere. Some ex-members had a website, the Scientologists sued and took over the website. It had been critical of the religion and it's ways, and offered advice for people looking to get out of it.

They had a center in downtown Royal Oak. The last time I drove by, it wasn't there anymore. Either they moved or they're gone. Good Riddance. We already have casinos fleecing the vulnerable, we don't need scientologists.
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