Is Your Pastor's Sermons IRS Approved?
Is Your Pastor’s Sermons IRS Approved?
Seven California Churches are now being sued because their sermons do not meet approved standards of the Internal Revenue Service. One of the pastors which is known by us is Pastor Wiley Drake, First Southern Baptist of Buena Park.
We are informed that the nature of the complaint specifies, "These pastors have decided to thumb their noses at the Internal Revenue Service and at the whole concept that the church is a place where partisanship should be left at the door."
The complaints against these Churches were filed this week, and are welcomed by the Alliance Defense Fund, a conservative legal group in Arizona which has now organized a Pulpit Freedom Sunday. The Defense Fund pledged to represent these Churches in federal lawsuits to overturn the 54-year-old federal ban that, the organization believes, has stripped Churches of their constitutional freedoms of speech and religion.
Defense Fund Attorney Erik Stanley said he was not concerned about the IRS complaints. Participating pastors, he said, will be sending copies of their sermons to the IRS as a follow-up to their Sunday addresses. "The goal was to make this pulpit initiative something the IRS could not ignore," Stanley said.
The First Amendment of the U.S. Constitution sets forth, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The position of these Churches is that this constitutional mandate is very clear, to wit, “Congress shall make no law!”
Due to the benevolent thinking of government during the Johnson Administration, government thought itself to be acting in the best interest of society in converting the mandate of God into a government granted privilege by granting the Churches tax exempt status. However, Churches are not the subject of tax exemption since Congress is forbidden by the Constitution from determining what is an approved Church, or who may enjoy tax exemption.
The solid conclusion is that Churches cannot possibly be tax exempt since they are of necessity tax immune. Any other conclusion decides that the head of the Church is not Christ, but government. Further, it is undisputable that tax exempt status of IRC 501C(3) acclaims itself to be law, but Congress can make no such law, nor can it engage in a discussion of what is an appropriate religion. For government to open such a discussion is to automatically deprive itself of jurisdiction to address the issue. The fact is, there is no such thing as a 501C(3) tax exempt Church, nor has there ever been such a thing, end of discussion! Want proof?
“The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be in agreement. It is impossible for both the Constitution and a law violating it to be valid; one must prevail. This is succinctly stated as follows:
The General rule is that an unconstitutional statute, though having the form and name of law is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted. - 16 Am Jur. 2d, Sec 177