Earlier this year a U.S. District Court judge in Minneapolis ruled that a church did not have to comply with an IRS summons for information. The judge rules, concurring with a previous decision in December by U.S. Magistrate Judge Keyes, that the IRS summons was not authorized by a sufficient ranking Treasury official.
Who has the authority to issue an investigation into a church’s finances?
According to the Church Audit Procedures Act of 1984, the IRS may begin a church tax inquiry only if the following conditions are met:
- an appropriate high level Treasury official (Secretary of the Treasury or a delegate with the ranking no lower than a principal Internal Revenue officer for an internal revenue region reasonably believes, based on written evidence, that the church is not-exempt, may be carrying on unrelated business income or engaged in activities subject to taxation; and
- IRS send a written inquiry notice containing (1) the specific concerns which give rise to the inquiry (2) general subject matter and (3) provisions of the tax allowing the inquiry and applicable administrative/constitutional provisions.
In the court ruling, the Director of Exempt Orgs., Examinations (DEOE) was not deemed qualified as “appropriate high-level Treasury official”. How did this occur? Read the rest of this entry »
Tags: CAPA, Excess Compensation, Political Activity

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