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Ministers Exclusion of Income

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Submitted By justinrh
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Among the issues presented in our case lies the IRS auditor’s claim that the minister’s exclusion of income coupled with the deductions for interest and taxes is an issue of double benefit and therein, not allowable. Our taxpayer would argue that the exclusion of his housing allowance is permitted under Section 107’s “Rental Value of Parsonages” where it is stated that gross income does not include the rental value of a home furnished for him or the allowance paid to him as part of his compensation. The allowance is excluded here to the extent that the property is used by the minister, provided that the allowance does not exceed the fair rental value of the property, furnishings, appurtenances (i.e. garage), and the cost of utilities. We would also bring to your attention the following revenue ruling: Rev. Rul. 87-32, 1987-1 CB 131 -- IRC Sec(s). 265, in which the court affirmed the rights of a member of the clergy who receive compensation in the form of a housing allowance, that they be allowed to deduct interest and taxes paid on a home.
We argue that under Section 107, the taxpayer is allowed to withhold from income the lesser of the following amounts: (1) the amount actually used to provide a home, (2) the amount designated as a housing allowance, or (3) the fair rental value of the home. The taxpayer uses his home as an income property and must report that rental income as well as a portion of his housing allowance as taxable income. This is because the amount given to the minister as a “housing allowance” is more than the amount that is actually being used to provide him a home. This should be considered a Substance-Over-Form issue in that he is effectively using the housing allowance to maintain an investment property that generates other income. This was proven as adequate grounds for determination in Gregory v. Helvering, 14 AFTR 1191 (55 S. Ct. 266) when

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