Obergefell and BYU’s Tax Exemption

On April 28, the Supreme Court heard arguments in Obergefell v. Hodges, which challenged both the constitutionality of state bans on same-sex marriage and of states’ nonrecognition of same-sex marriages performed in other states.

By the end of June, the Justices will have decided and we’ll know the constitutional status of same-sex marriage bans in the United States. But that doesn’t mean all questions will be resolved; in fact, an exchange between Chief Justice Roberts, Justice Alito, and Solicitor General Verrilli piqued the interest of a lot of people, especially those invested in religious educational institutions.  [Read more…]

Does Open Stories Foundation Qualify As Tax-Exempt?

Last week, Peggy Fletcher Stack wrote an article about John Delhin’s finances. A couple things leaped out at me, particularly salient, perhaps, because of research I’ve been doing recently, and because they raise difficult-to-see red flags, both for the Open Stories Foundation (“OSF”) and for other Mormons (or, more generally, Americans) who want to start a tax-exempt organization.[fn1]

Tl;dr: OSF looks like it is violating the prohibition against private inurement, which would compromise its tax-exempt status; it should at the very least get a tax practitioner with experience in the tax-exempt area to look closely. Also, anybody who wants to operate a tax-exempt entity needs to get competent legal advice upfront: the tax-exempt area is a minefield of compliance traps. [Read more…]

Some Tax Benefits Are Just for Churches

(I originally wanted to call this “Pastoral Housing, Take 2″[fn1] but, it turns out, pastoral housing is only one small aspect of the case.)

Last week, a federal court in Kentucky issued a decision in a lawsuit that could have far-reaching ramifications for churches.[fn2] In broad strokes, American Atheists, Inc., Atheists of Northern Indiana, Inc., and Atheist Archives of Kentucky, Inc. sued the IRS, arguing that certain tax provisions applicable solely to churches were unconstitutionally discriminatory. [Read more…]

Merging Religious and Secular News(papers)

deseret_news_private_collecThe Church News is moving. It has just announced that stories from the Church News will be posted on DeseretNews.com, that LDSChurchNews.com will redirect to the DN site, and that eventually the archives will be moved as well.

Which is fine and good, I suppose. Apparently, the Church News was hosted on a platform that couldn’t be supported or upgraded.[fn1] So the consolidation seems to make sense from a technical point of view.  [Read more…]

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