0
votes

The IRS 501(c)(3) Versus First Amendment Freedom of Religion; A Chilling Aspect

posted April 27, 2009 - 4:17pm
The IRS 501(c)(3) Versus First Amendment Freedom of Religion; A Chilling Aspect

How many of you know that President Lyndon B. Johnson when a senator in congress introduced as part of his political agenda in 1954 a ruling giving control to the IRS illegally because he wanted to try and silence the voice of the churches in the United States and to eliminate the churches influence on shaping public policy? He created what is known as the 501(c)(3) with the IRS.

First of all churches DO NOT have to file a 501(c)(3) to be tax exempt. They are already exempt under the first amendment of our US constitution. If you don't find this chilling you should and PLEASE click on the links they will reveal even more than this article. His plan is succeeding better than some may realize.

First Amendment: "Congress shall make NO LAW respecting an establishment of religion, nor prohibiting the free exercise thereof." However Senator Lyndon B. Johnson in 1954 proposed Congress set up the 501(c)(3) ruling with the IRS. The majority of USA churches have been duped into thinking this would be a good thing, congress decided that would be Okay, but it is NOT a requirement. In the past couple of years however the IRS has gotten nastier and made up stronger rules aka laws. First the IRS has NO authority whatsoever to make laws or rulings when it comes to the American USA citizenry Only Congress does.

However a majority of established churches chose to file with the IRS under the 501(c)(3) ruling when they did not have to do it, duped by attorneys and the banking system they were required to do it.Since they were already free from being taxed why would a church do this? One reason is they did not know any better, another would be they wanted to follow along with the rest of those doing it,like sheep being led to the slaughter. A third reason is some attorney or financial institution might advise them doing it. A fourth reason is some churches want to get a government loan to build a meeting place or other edifice of worship or need the church body has.

When any church group or organization does choose to file a 1023 or 1024 form with the IRS 501(c)(3) they are subjecting themselves to government rules and regulations, audits and even what the pastors and church can preach, publish and say. Who may or may not attend churches. It means they cannot speak out against or for any politician or endorse them, even Or against social issues that Congress might deem legal though it goes against the moral beliefs of the church. A 501(c)(3) church in other words can be turned in for speaking for example against gay rights or abortion rights, or animal rights, Devil worship or anything else that might become controversial media or political and social topics, possibly involving lawsuits or government rulings by the Supreme court or congress. The IRS can choose to audit them and they can lose their tax exempt status because they chose to file a 501(c)(3) tax status when they did not have to.

Now Banking institution are requiring or demanding any new churches and old church must file the 1023 or 1024 IRS tax exempt form under 501(c)(3). This is their policy and it is illegal and violates freedom of religion, I spoke to Chase, US Bank, And several others this past week and to their headquarters as well. Why because we have a new church split from another. We tried to open a bank account at several banks and credit unions all said we can't unless we filed a tax form 1023 or 1024, an EIN or TIN under 501(c)(3) we told them and showed the the laws and first amendment but they are insisting no bank account can be opened unless we file the tax form.

This led to phone calls to the IRS who said NO we do NOT have to file a 1023 form or a 1024 form or a 501(c)(3) form if we don't want to because we are already under the first amendment tax free laws upheld by the constitution. Why can banks insist on churches getting a tax ID or EIN number. Because banks are privately owned or so they claim but they also admitted not really because they are backed by Government to pay insurance and by bail out funds and Congress so they are technically part of the government.

Here is how it works. The President of the united states appoints the Board of Governors of the Federal Reserve System make it a quasi-governmental sort of entity? So though they claim they are not part of the government they are and that is why banks requiring a tax ID for a church is unconstitutional. Because being part of the government in some ways means they are infringing on the constitutional first amendment rights of freedom of religion and freedom of speech in the churches. They admitted that they understood this but had to go by policy. But we can complain. Why do we need a bank account. Because when offerings and tithes are paid for the church needs example song books or youth funds having it in private bank account can lead to accusations of embezzlement of church funds for specific needs or purpose and it can create a lot of mistrust. Having a bank account with 2-3 unrelated members on the account for check and balance is acceptable.

I told the IRS the name of several banks who refused us an account they gave me the number of the Controller of American Currency that regulates many of the national banks. The young woman who spoke to me from this agency was very cordial. She told me that I could file a complaint against each and every bank refusing us an account and demanding an EIN tax number or other ID. She said and confirmed what I already knew and the IRS stated that banks cannot require a church to have a tax ID. It does violate the first amendment.

It takes away freedoms that we already have and puts the church under government control and if they don't abide by the rules they can and some have lost their tax exempt status. But those who are in the banking business do not realize that though they are allegedly privately owned because our government is backing their funds and has a 14 year committee appointed by the President of the United States. The Board of Governors of the System consists of 7 members, one appointed every two years (one term begins every two years, on February 1 of even-numbered years, a full year after inauguration day) by the President and confirmed by the Senate for 14 year terms however at the same time they are still privately owned according to the laws of our nation and in all court proceedings in which anyone attempted to take a bank to court.

In short these banks and the IRS own we the people and control our president and congress and the media. Read this to understand more of how our nation is owned and controlled by the banking system. PLEASE READ THIS URL: http://www.themoneymasters.com/faqs.htm#q3.

If you have ideas of becoming a new church split from another church of doctrinal differences or issues of belief and refuse to obtain a tax ID number which is unconstitutional then your not going to be able to have a bank account or it will be very difficult to get one. Some religious groups do not have an ID number they opera solely by cash. Churches that do this are on an honor trust system of each member and their bishops, elders, pastors, deacons and each month an accounting is given to the members of where the money is being spent or used. These churches do not employ or house a pastor but the pastor and elders give freely of their time. Nor does it hire or outsource work but all the members pitch in to volunteer time to maintain the edifice or other needs of the church group. Money is given freewill as offerings or tithes toward a specific need of the church or body. A committee is appointed to purchase things the church needs, song books, sound equipment, youth camp funds etc. Money is not kept in the bank or it is put in a private account temporarily and everyone knows exactly how much and what it is for. It is based on honor, love and trust of the members toward one another. They answer where and how the money was spent and or raised. And most of all they are not answerable to the IRS or any government agency they can endorse a political party or person and they can say what they will in their church without censorship.

If your a church revoke the 501(c)(3) status. If you don't have it don't file. What does that mean? You retain your right to endorse a politician or party to speak against social and public opinion or even laws on moral issues and your not subject to audits which was an absolute right guaranteed under the first amendment but any church putting themselves under the 501(c)(3) tax rule jeopardizes their tax free status if they step out of line. It also means members giving donations cannot take this off charity on their taxes. In short they sold their churches out to the devil and step out of line they will pay the piper.

Here is the IRS rules about a church which is a clear violation of church and state. With my comments added for each one.

Church Defined - IRS Church Definition Church Defined - IRS Church Definition

Because of First Amendment religious freedom concerns, Congress has never passed any statute anywhere which defines what a church is (beyond saying "a church or convention or association of churches", which is like saying that the definition of a duck is "one or more ducks"). The IRS, which apparently is unconstrained by the First Amendment, has nonetheless ventured where angels fear to tread, and has established criteria which, in its view, define a church as follows:

1. A church must be a distinct legal existence; Comment: 1st amendment makes it legal

2. A church must have a recognized creed and form of worship; Comment; 1st Amendment gives this already

3. A church must have definite and distinct ecclesiastical government; Comment; This violates first amendment law it appears to set one church over another in that they may not recognize one church over another. While some may have such rules others are more loose and more tolerant.

4. A church must have a formal code of doctrine and discipline; Comment; This is not defined in the constitution as something a church needs. Church in the Greek means called out, Ekklesia, the people. God is recognized as the one who gave us laws and doctrine and his bible tells how to discipline but many would not and do not like what his word says to do.

5. A church must have a distinct religious history; Comment; The First Amendment does not state any history must be made to have a church, new churches are often begun split from another. The only history required is what the bible tells us to do.

6. A church must have a membership not associated with any other church or denomination; Comment; Many churches Split from others so they often maintain association with friend and family this violates the first amendment as well, this is a violation of rights as well. Often a member and his/her family might attend one or more churches. The first amendment does not require this.

7. An organization of trained and educated ordained ministers; Comment; Some churches lay hands and anoint that is the only ordination required in the bible. This is implying schooling is needed to be a minister. The bible shows we can lay hands on someone and ordain them when they have conducted themselves to be worth of such. I Timothy and Titus

8. Ordained ministers are to be selected and ordained after completing prescribed studies; Comment; This is establishing that only those churches who send men and women to a Bible or College of Theology are recognized thus establishing one religion over another. The first amendment does not require this and it is false. Many churches don't require this. Some churches just choose after a member shows service and love and the criteria set down in the bible to lay hands on a man or woman, anoint them with olive oil and pray for the Holy Spirit to help them in their new vocational calling as a pastor or deacon.

9. A church must have literature of its own not taken from another source or religious order; Comment; Most literature is taken from the bible so it often is NOT ever it's own, but from God and his word.

10.All Churches must meet in established places of worship; Comment this is vague and open to broad interpretation. While some edifice with a steeple meeting on Sunday morning might be considered established there are many living room groups that meet and are split off from so called established religions who the IRS might not consider valid. This again establishes one religious group above another violating the first amendment.

11.A church must have regular weekly congregations meeting on Sunday; Comment; Nothing in the first amendment says anything about regular congregations or meetings. Did Jesus meet regularly at any given place? And Sunday by many is not the day they believe in keeping. The IRS is only recognizing Sunday worshippers and organizations which is unconstitutional and violates the first amendment.

12.A church must have a regular weekly religious services; Comment: Again nothing in the 1st amendment states this is required. Some churches might meet once a month or every other week due to lack of space or finances. Plus 12 is rather a repeat of 11.

13.Churches mus establish regular Sunday school meetings for religious instruction of the young; Comment: this violates any who believe in creation Sabbath (Saturday) 7th Day Adventists, Jews, Messianic groups, Church of God 7th Day, Muslim etc., or other days of worship this makes it a state run religion and violates the first amendment. What if an Atheist group had meetings on Wednesday this is saying the IRS only recognizes Sunday keeping churches again establishing one type of church belief over another.

14.Churches must have Seminary type or theology schools for the preparation of its ministers. Comment; The first amendment does not require ministers go to school. many churches take pastors from their ranks of membership by applying biblical principles to their understanding, character and spiritual growth. The IRS violates the separation of church and state with these rules. They have no authority to make them. Only congress does. Currently The ADF (Alliance Defense Fund) is considering taking out a class action lawsuit against the IRS and the banking system for violating the first amendment rights of churches duped into believing in order to be recognized and established as a church they had to file a tax EIN business form 1023 under the 501(c)(3) 1954 ruling.

The Tax Court, which is apparently unconstrained by the IRS administrative criteria, has adopted its own view, consisting of most of the same criteria compacted into 7 or 8 points. See, e.g., Pusch v. Commissioner, 39 T.C.M. 838 (1980) or Chapman v. Commissioner 48 T.C. 358 (1967). In any event, not all of the 14 criteria must be met by every individual church, since only a substantial denomination will meet all of the criteria, and the IRS must allow for the existence of independent churches. Thus, there is substantial "wiggle room."

The ONLY churches subjected to the above are those who do file a 501(c)(3) tax exempt status which is NOT ever required by congress or the 1st amendment or the law.

http://www.irs.gov/irs/article/0,,id=154788,00.html this shows by IRS own admission that LBJ was the proposal in 1954 of the tax forms for churches. and this; http://www.irs.gov/newsroom/article/0,,id=154780,00.html. The IRS has no right or authority to make these laws
For more information on how and why we got this way I encourage you to take the time to click and read these: http://www.irs.gov/newsroom/article/0,,id=161131,00.html ; http://www.irs.gov/pub/irs-pdf/p1828.pdf;

http://hushmoney.org/501c3-facts.htm



Comments

Read the URLS Provided for clarity

Celanith Hello everyone, stop and set awhile. For all who stop and read this please take time to click and read the provided URL links. I know it is long but it gives clarity. I don't care if your agnostic or atheist it still can affect you though mostly it is geared toward Christianity.

Celanith

Hello everyone, stop and set awhile.

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

Post new comment

  • Lines and paragraphs break automatically.
  • You can use BBCode tags in the text. URLs will automatically be converted to links.
  • Allowed HTML tags: <p> <br> <b> <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd> <img> <span> <object> <param> <embed> <table> <tr> <td> <div>
  • Web page addresses and e-mail addresses turn into links automatically.

More information about formatting options

Join Xomba Today

Do you like to write? Would you like to make a little extra money on the side? These people do. Join the Xomba community today.
Become a Member