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FFRF Wins Standing to Sue IRS Over 990 Forms U.S Complimentary Copy Join FFRF Now! Vo1. 30 No. 7 Published by the Freedom From Religion Foundation, Inc. September 2013 FFRF ‘loads bases’ Andrew L. Seidel Photo: Green light for FFRF church politicking suit The Freedom From Religion Foun- dation has “loaded the bases,” winning the right to proceed with three historic federal lawsuits that contest preferen- tial treatment of churches and minis- ters by the Internal Revenue Service. In addition to receiving a green light Aug. 19 from a federal judge in its significant suit against pulpit election- eering, FFRF, a national state/church watchdog representing nearly 20,000 nonreligious members, has two other cases: • On Aug. 22, FFRF received a go- ahead from a federal judge in its chal- lenge to force churches to provide the same annual financial accountability to the public and the IRS as required by other 501(c)(3) tax-exempt nonprof- its. (See story, below.) • FFRF awaits a decision by a federal Freethought Hall to be ‘born again’ district judge in its challenge of the Ground was officially broken Aug. 26 for FFRF’s major expansion in downtown Madison, Wis. From left, front, wearing “parish exemption.” In 1954, Congress hardhats and holding golden shovels are general contractor Robin Roberts, NCI Roberts; Jeff Grundahl, president, passed a law uniquely benefiting “min- NCI Roberts, FFRF President Emerita Anne Nicol Gaylor; FFRF Co-President Annie Laurie Gaylor; Mike Trapino, NCI isters of the gospel,” allowing them Roberts director of operations; (back) John Kaltenberg, project superintendent; FFRF Co-President Dan Barker; and to deduct from taxable income any FFRF Director of Operations Lisa Strand. A four-story addition replacing an old apartment building (background with church payment given in the form of FFRF staff and members) will be attached to the existing building. Champagne was uncorked and enjoyed after the a “housing allowance.” (See related ar- groundbreaking. See page 5 for more. ticle, page 3.) Continued on page 3 FFRF wins standing to sue IRS over 990 Forms U.S. District Barbara Crabb, West- what they do with donations, financial ‘Churches don’t ern District of Wisconsin, ruled Aug. oversight policies, salaries of top em- Inside This Issue 22 that FFRF has standing to pursue ployees, how much of the income is play by the same Gutsy students get activist award IRS inequities favoring churches over used for fundraising versus mission or other tax-exempt nonprofits. management, etc. Most active nonprof- rules, yet get Crabb previously granted FFRF its, such as FFRF, hire a certified public standing over its federal challenge of accountant to prepare the form, in- equal or better the 1954 Congressional “parish exemp- curring significant annual accounting tion” law. That case has been “put to costs. privileges.’ bed” and both sides now await a deci- “Don’t get us wrong. We think the sion. cost and transparency are worth it,” says In her Form 990 ruling, Crabb wrote FFRF co-founder Annie Laurie Gaylor. believe that heinous slaughter in 1978 Page 8 that the plaintiffs — FFRF and Triangle “We’re grateful for the privilege of the would have been averted.” FFRF, its chapter in Raleigh, N.C. — government designating donations to The suit also challenges the expen- have been injured because “the gov- FFRF as deductible for income-tax pur- sive filing fees which all applicants Atheist ernment is relieving an ongoing bur- poses. But since we began filing these must pay, except churches. A nonprof- ‘Aints’ dispel den from some taxpayers on the basis forms in 1978, we’ve been aware that it seeking tax-exemption other than a myths about of religious affiliation.” She added, “it churches don’t play by the same rules, church must pay either $400 or $850, nonbelievers is not plaintiffs’ ‘belief’ that gives them yet get equal or better privileges.” depending on income, just for the standing. Rather, it is their status as or- Co-President Dan Barker asks, privilege of applying. The one-time fee Page 11 ganizations that are burdened with re- “What do churches have to hide? Why is not returned. Crabb ruled that since quirements not imposed on churches.” don’t they want to be accountable to FFRF and its chapter have already paid In exchange for the significant ad- the public?” the fees, and likely won’t incur more, vantage of retaining tax-exemption, “Look at Jonestown, Guyana, to see she is planning to dismiss this aspect of all 501(c)(3) organizations except can happen when tax-exempt church- the suit. churches must file an annual Form es are not accountable to the govern- FFRF noted that because of secrecy 990. The forms are available for the ment, or necessarily anyone,” Gaylor regarding church finances, FFRF’s Top-winning student college public to view and reputable charities added. “Had Rev. Jim Jones had to challenge in a related lawsuit of church essayists post them on their websites for easy ac- account to the government for the electioneering is all the more impor- cess. wealth, armory and even the foster tant. Read more: Pages 12–15 Tax-exempts report to the public on children he and his church amassed, I ffrf.org/legal/challenges/ongoing-lawsuits Page 2 Freethought Today Madison, Wisconsin September 2013 Photo: Yardis Jeff Meet a Legal Intern Photo: Andrew L. Seidel Photo: Hawaii activists expose alleged church fraud Name: Charles M. Roslof. that, my fellow interns, the legal staff Where and when I was born: Chapel and everyone at FFRF are wonderful Whistleblowers (and FFRF mem- claim New Hope Oahu shorted the Hill, N.C., July 14, 1990. people who are great to work with. bers) Holly Huber and Mitch Kahle school $3.2 million over six years be- Family: Mom (Cindy), dad (Ed), Something funny that’s happened at of Hawaii Citizens for the Separation fore the roof on the auditorium col- stepmom (Lara), older brother (Rick), work: It’s consistently hilarious to learn of State and Church claim in a lawsuit lapsed. younger sisters (Katharine and Lily). of some people’s far-off interpretations filed in March but only recently made “The buildings are falling down and Education: Miami Valley School, of the First Amendment and what it al- public that five churches have shorted the state is still paying to run them Dayton, Ohio, 2008; Georgetown Uni- lows them to do. the state Department of Education and not getting reimbursed. It’s trag- versity, B.A. in computer science with My legal interests are: Civil rights, about $5.6 million over the last six ic. That $3.2 million might have put minors in linguistics and Japanese, constitutional law and the intersection years in unpaid rent and other fees. a new roof on Farrington years ago,” 2012; Harvard Law School, J.D. expect- of law and technology (including intel- According to Hawaii News Now, the said Bickerton. ed in 2015. lectual property law). suit alleges the churches are intention- The plaintiffs have compiled more My religious upbringing was: Meth- My legal heroes are: Anyone who, ally filing false applications to save than 2,000 pages of documentation odist until age 9, then Presbyterian. on a daily basis, puts their legal knowl- money. “By not paying for what they they said proves their allegations. How I came to work as an FFRF le- edge and training to use in the service use, they are directly taking money New Hope Oahu Pastor Wayne Cor- gal intern: I found the position on my of improving the world and the lives of from our state’s children,” said Jim deiro said in an interview with Hawaii school’s employer database when look- the people in it. Also, Ruth Bader Gins- Bickerton, plaintiff’s attorney. News Now that his church had donat- ing for constitutional law-related jobs, berg (not that she doesn’t fall into that “They’re there so long and they’re ed about $1 million in equipment and thought it seemed interesting and ap- category). so cozy, they just take a whole bunch of upgrades to the Farrington High audi- plied. These three words sum me up: extra time. They come in on Saturday torium before the collapse. What I do here: Write letters to Nerdy, empathetic, thoughtful. even though they’re only supposed to The plaintiffs claim in-kind dona- various agencies of government in Things I like: All sorts of music (from be there on Sunday,” said Kahle. tions don’t count. response to complaints that they are They Might Be Giants, Lady Gaga, In- If the court rules in favor of the Kahle and Huber said they’re help- violating the Establishment Clause, digo Girls, Dresden Dolls and Dixie plaintiffs, damages could be treble, ing public schools recover money research facts and law related to those Chicks to the “Great American Song- with the churches owing the schools that’s rightfully theirs but contend the letters and occasionally help with com- book”), well-told stories across all me- $16.8 million, Honolulu Civil Beat re- Department of Education isn’t being puter issues. dia (television, film, books, podcasts, ported Aug. 15. The suit contends that helpful. “Instead of assisting us, they What I like best about it: I’ve been etc.), chocolate and other food, sci- the churches — New Hope Oahu, New tried to cover up the information. They able to work on a wide variety of issues, ence fiction, technology, video games Hope Hawaii Kai, New Hope Kapolei, told us we were no longer allowed to including some types of First Amend- (especially Legend of Zelda ones), fig- Calvary Chapel Central Oahu and One communicate with the public schools,” ment violations I had never thought uring out puzzles, methods of data or- Love Ministries — all filed false forms.
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