By Sam Brunson
I’ve blogged several times about the Freedom From Religion Foundation’s suit over the parsonage allowance.[fn1] Quick refresher: Section 107(1) allows “ministers of the gospel” to exclude church-provided housing from their gross income, while section 107(2) allows them to exclude housing stipends. The Freedom From Religion Foundation sued and won in the district court. The Seventh Circuit found that FFRF didn’t have standing, so two of its executives claimed a refund for the portion of their salary that had been designated a housing allowance and sued again. Again, the district court held that section 107(2) was unconstitutional.[fn2]
Now we’re in the briefing stage. And a week and a half ago, the government and intervenors filed their most recent briefs in Gaylor v. Mnuchin.
I’m not going to analyze the full briefs, but I do want to respond to a central point that the government mentions, and that the intervenors find critical in their opening brief: the idea that the parsonage allowance is part of a series of provisions that relax the default exclusion rule. Continue reading “The Parsonage Allowance in Brief(s)”