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IRS probes Kan. church's political activity (It opposes abortion)
First Amendment Center ^ | 8/18/07 | AP

Posted on 08/18/2007 10:54:00 AM PDT by wagglebee

WICHITA, Kan. — The pastor of a conservative Christian church being investigated by the Internal Revenue Service said the threat of losing its tax-exempt status will not stop the church from fighting abortion.

“We will continue regardless of what the IRS does,” said Rev. Mark Holick, pastor of Spirit One Christian Center. “We will continue to obey the Lord.”

Holick told reporters Aug. 16 that the church, which has about 150 members, is being investigated for political involvement simply because it speaks against abortion. He called the investigation a violation of the church’s First Amendment rights.

Under federal tax law, churches can discuss politics but can lose their tax-exempt status if they endorse candidates or parties.

A letter from the IRS released by the church showed the agency was specifically concerned about signs in front of the church that criticized Gov. Kathleen Sebelius and Attorney General Paul Morrison during their 2006 campaigns. The letter also noted Holick’s involvement in distributing voter guides with candidate endorsements outside various churches.

Other items of concern included a message sent by Holick on the church e-mail account regarding last year’s attorney general’s race between Morrison and then-attorney General Phill Kline and an article posted on the church Web site opposing Hillary Clinton’s election as president. The IRS also extensively questioned visits made by Kline to the church.

Holick’s comments were made during a news conference in front of abortion provider George Tiller’s clinic, one of the nation’s few remaining late-term abortion providers. Holick blamed Tiller and his supporters for using the IRS to go after the church.

“They are using it as a bullying tactic to silence the church, to silence freedom of speech,” Holick said.

Tiller did not respond to a message left at his clinic. But Julie Burkhart, a lobbyist for ProKanDo, a political action committee Tiller formed, said her group did not file the IRS complaint against the church.

“We have other people in this community who are concerned about the church overstepping its tax-exempt bounds,” she said. “We cannot take credit for that.”

Doug Ittner, an abortion-rights supporter affiliated with an informal group calling itself the Maggot Punks, told the Associated Press that he filed two complaints as a private citizen with the IRS regarding the church’s signs during the elections.

“It is just one more tool,” Ittner said of the IRS. “Might as well get the government to do our work for us, and Spirit One helps by breaking the law.”

The IRS did not immediately return a call for comment.

The church, which was formed in 1991, has responded to a lengthy questionnaire from the agency and now is facing an audit, Holick said. The agency wants to examine financial and accounting records. A meeting is planned between church officials and IRS agents.

During the tumultuous race for attorney general, Kline formulated a “church effort” to take full advantage of his support among conservative Christians. In an internal memo to his staff, Kline discussed political receptions held after services, directing his staff to get friendly pastors to invite “money people.” Someone leaked the memo to reporters.

Americans United for Separation of Church and State said during the elections that Kline’s campaign was leading churches and pastors onto dangerous legal ground, possibly jeopardizing their tax-exempt status.

Holick said Kline preached at the church in 2003 and 2004, but his sermons were not political.

Kline did not immediately return a message seeking comment.

Holick hosted a fundraiser for Kline at his home in October, an e-mail released by the church showed. He also participated in an effort distributing voter guides outside churches that highlighted anti-abortion candidates.

“In essence because I got involved politically outside the church, they are now investigating my church,” Holick said. “What they are saying is that as a Christian you can’t get involved politically.”

Months before November’s midterm elections, the IRS warned that it would be scrutinizing churches to make sure they do not violate their tax-exempt status. Both liberal and conservative groups have responded by lodging numerous complaints against churches.

Last year, the IRS revoked the tax-exempt status of the Wichita-based Operation Rescue West for prohibited political activity during the 2004 election. The group, now known as Operation Rescue, relinquished its charitable status and reorganized more than a year ago.


TOPICS: Culture/Society; Government; News/Current Events; US: Kansas
KEYWORDS: abortion; christianity; irs; markholick; moralabsolutes; operationrescue; pastor; persecution; politicking; prolife; sebelius; spiritone; wichita
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To: savedbygrace
Still, the IR laws that establish 501(c)(3) orgs are a violation of the 1st Amendment. Congress is forbidden by the 1st Amendment from passing any law that restricts speech or the free exercise of religion. They should have been stricken many years ago.

Hopefully we have a court that will do that given a chance. I kind of doubt Kennedy would come around though, but he has come through (at least partially) on several key cases.

41 posted on 08/18/2007 8:45:40 PM PDT by Always Right
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To: Man50D

Question: Would Fair Tax allow clergymen free speech in their own Churches again?


42 posted on 08/18/2007 10:24:50 PM PDT by Sun (Duncan Hunter: pro-life/borders, understands Red China threat! http://www.gohunter08.com/Home.aspx)
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To: wagglebee
Sadly some churches haven't seen nothing yet as to the scrutiny they will come under. Just wait till Uncle Fed starts calling in markers on all the Faith Based Program money out there. No preacher or Deacon should ever allow their church to take a penny of Cesar's money. That is a far bigger tool to use to control the pulpit but gets little mention.

A church may owe taxes and the Lord says to pay them. But the government must never own the church nor the church allow government to become it's master. The government has been trying for decades to take over the church much in the same fashion it took over the churches functions within the communities. Tax exempt status and Faith Based Programs are not any Churches friend. GOD doesn't need the governments money.

43 posted on 08/18/2007 10:59:14 PM PDT by cva66snipe (Proud Partisan Constitution Supporting Conservative to which I make no apologies for nor back down)
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To: wagglebee
Pinged from Terri Dailies

8mm


44 posted on 08/19/2007 3:46:45 AM PDT by 8mmMauser (Jezu ufam tobie...Jesus I trust in Thee)
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To: Man50D
The Flat Tax would maintain the IRS. The Fair Tax will abolish the IRS.
It would take a constitutional amendment to assure us of the abolition of the IRS. But either the Flat Tax or the Fair Tax would delegitimate IRS inquiry into churches' resistance to the politics of the deconstruction of American culture.

45 posted on 08/19/2007 4:37:44 AM PDT by conservatism_IS_compassion (The idea around which liberalism coheres is that NOTHING actually matters except PR.)
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To: Sun
Would Fair Tax allow clergymen free speech in their own Churches again?

Keep in mind the tax exempt status will no longer be held over charities heads as a threat to free speech with The Fair Tax since all loopholes will be eliminated. This is due to taxes being collected on all new products at the point of sale without exception.

More importantly funding for the IRS will be eliminated after January 1, 2011, thereby abolishing the IRS.
46 posted on 08/19/2007 4:55:40 AM PDT by Man50D (Fair Tax, you earn it, you keep it!)
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To: wagglebee

These rules do not apply to black Democrat churches when Democrat candidates visit.


47 posted on 08/19/2007 4:59:55 AM PDT by Conservativegreatgrandma
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To: conservatism_IS_compassion
It would take a constitutional amendment to assure us of the abolition of the IRS.

That is incorrect. It would only take passing The Fair Tax Act. Funding for the IRS will be eliminated by January 1, 2011, thereby abolishing the IRS. Title III Section 301 states the following:

This section governs the administration of the repealed federal taxes, including for example administering the last year of the income tax(i.e., handling refunds, audits and collections) during the period after its repeal, destroying all records relating to the income tax by the end of fiscal year 2011(except that those records necessary for the determination of Social Security Administration), and states that appropriations for the Internal Revenue Service shall not be authorized after January 1, 2011.
48 posted on 08/19/2007 5:08:08 AM PDT by Man50D (Fair Tax, you earn it, you keep it!)
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To: SandRat
I could be wrong, and someone could check,I guess, but I don’t think Westboro BC, Phelps' church, is a 501c3 organization anyway.

No law REQUIRES a church to apply for either incorporation or 501c3 status. There are many hundreds of churches around the country which have never incorporated or filed for 501c3.

49 posted on 08/19/2007 5:10:19 AM PDT by John Leland 1789
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To: The Lumster
You are correct, Lumpster. Is is not incorrect to style a 501c3 church as a STATE church. Thousands, who claim to believe in separation of church and state, tie the two together by incorporating and then applying for 501c3 status. If a church has no 501c3 status, the IRS has nothing to investigate.
50 posted on 08/19/2007 5:13:49 AM PDT by John Leland 1789
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To: Man50D
destroying all records relating to the income tax by the end of fiscal year 2011(except that those records necessary for the determination of Social Security Administration), and states that appropriations for the Internal Revenue Service shall not be authorized after January 1, 2011.
The "payroll tax" for Social Security is an income tax, neither more nor less. It is a flat tax of sorts. If you retain that, you have the framing timbers of the IRS. Same as with the Flat Tax.

51 posted on 08/19/2007 5:55:25 AM PDT by conservatism_IS_compassion (The idea around which liberalism coheres is that NOTHING actually matters except PR.)
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To: conservatism_IS_compassion
The "payroll tax" for Social Security is an income tax, neither more nor less. It is a flat tax of sorts. If you retain that, you have the framing timbers of the IRS. Same as with the Flat Tax.

All federal income taxes, including the payroll/Social Security tax will be abolished! Fair Tax FAQ #2 Funding for Social Security will come from taxes collected at the point of sale! You obviously haven't read The Fair Tax Act of 2007 or visited The Americans For Fair Taxation website. I suggest you read both before making anymore comments.
52 posted on 08/19/2007 6:51:26 AM PDT by Man50D (Fair Tax, you earn it, you keep it!)
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To: YHAOS

Good place to bump this thread.


53 posted on 08/19/2007 8:17:14 AM PDT by Kevmo (We should withdraw from Iraq — via Tehran. And Duncan Hunter is just the man to get that job done.)
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To: The Lumster

I disagree. “Give unto Caesar that which is Caesar’s, and give unto God that which is God’s.”

That means that Christians have to live in and deal with the world, and with government laws, as well as with the City of God.

How often has the IRS ever gone after a black church or a liberal church for preaching politics from the pulpit? Democrat candidates regulary speak from the pulpits of black churches on election day, and nobody questions it.

All we are asking is equal application of the laws. Perhaps they crossed a technical line when the mentioned Sibelius by name, but if they told the truth—that she supports abortion big time—it’s hard to see how that is playing politics. People who love abortion can still vote for her.


54 posted on 08/19/2007 9:16:56 AM PDT by Cicero (Marcus Tullius)
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To: Man50D

“Keep in mind the tax exempt status will no longer be held over charities heads as a threat to free speech with The Fair Tax since all loopholes will be eliminated. This is due to taxes being collected on all new products at the point of sale without exception.

More importantly funding for the IRS will be eliminated after January 1, 2011, thereby abolishing the IRS.”

That’s certainly a HUGE plus.

I get so tired of Dems getting a pass, and can campaign in churches, while Republicans cannot.

Je$$e Jackson even raised campaign money in a church.


55 posted on 08/19/2007 12:13:34 PM PDT by Sun (Duncan Hunter: pro-life/borders, understands Red China threat! http://www.gohunter08.com/Home.aspx)
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To: Cicero
I disagree. Give unto Caesar that which is Caesar’s, and give unto God that which is God’s.”

The government does not compel a church to file 501c3 status. If the church chooses to do that then yes they should comply with the law. But they are under no requirement either morally, ethically, legally, or biblically to register with the government.
56 posted on 08/19/2007 3:56:10 PM PDT by The Lumster (USA - where the innocent have nothing to fear!)
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To: wagglebee; Pinkbell; Salvation; cpforlife.org; EternalVigilance; narses; JSDude1; All
Is ACLJ on this?

Great, just what we need to put the FEAR back into the pastors! (Sarcasm) It is hard enough to get some of them to take a stand on the issue.

57 posted on 08/19/2007 5:45:26 PM PDT by MountainFlower (There but by the grace of God go I.)
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To: The Lumster

I have yet to hear justification from the Constitution on how the Government can abridge freedom of speech or religion — regardless of tax status.

It’s certainly not mentioned in the First Amendment, and also nothing within the Sixteenth Amendment.

In short, what makes a person’s access to First Amendment rights conditional upon a tax filing? There’s plenty of IRS policy and even legislative law, but there is no Constitutional justification.


58 posted on 08/20/2007 7:58:25 AM PDT by Deut28 (Cursed be he who perverts the justice)
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