Need Advice About Letter to the IRS to Revoke the WTBTS' Tax Exempt Status

by ABibleStudent 34 Replies latest watchtower scandals

  • ABibleStudent
    ABibleStudent

    Hi Band on the Run, I do agree with you that the wording of the legal definition of charitable makes more sense if an organization advances religious principles instead of that only religious organizations can be charitable. I also feel that granting tax exempt status to some religions and not all religions (i.e., religions that would practise human sacrifice or prostitution) is in a sense unconstitutional because of the Establishment and Free Excercise clauses of the Constitution and Amendments. Unfortunately I am not a Supreme Court Justice, because I would try to intrepret the constitution in the context of what the Constitutional writers were trying to create. The Supreme Court almost seems to be using the authority of the Court to legislate.

    Do you know where I can easily find the wording of the law, statute, or regulation on the internet to help in writing my letter to the IRS? I agree with you that more than 100,000 letters are needed to update tax exempt legislation and regulations. I was hoping that if the IRS would open a case file, it would motivate exJWs and JWs with doubts to write about their experiences to the IRS.

    Do you know how to inspire exJWs and JWs with doubts to join a campaign to send emails or letters to their representatives and the IRS? It would take me about a half hour once or twice a month to send emails or letters to federal legislators by saving a standard letter on my computer and quickly modifying one or two sentences.

    I would also like to know more about what the WTBTS submits to the IRS. I plan on writing an FOIA request to the IRS to obtain copies of the WTBTS' most recent application for tax exempt status and annual filing.

    Do you know where I can find an electronic copy of James Madison's "Memorial and Remonstrance"? Since James Madison is hailed as the "Father of the Constitution" for being instrumental in drafting the Constitution and as the key champion and author of the Bill of Rights, his stance against imposing a religious tax might be helpful in overcoming objections to revoke an organization's tax exempt status on purely religious grounds.

    Is there someway that the ACLU could be inticed to support evaluating the tax exempt status of an organization within a legal framework and not based solely on whether an organization states that it is a religion? I would be happy if tax exempt organizations would be required not to promote marking and/or shunning (i.e., discriminate against) ex-members of their organization. I would be ecstatic if tax exempt organizations would also be required not to promote nor use Theocratic Warfare Strategy (i.e., lying) on the general public, government officials, and the courts.

    Peace be with you and everyone, who you love,

    Robert

  • Band on the Run
    Band on the Run

    The statute and IRS regs should be available on the Internet through irs.gov. If not, there is always FindLaw, Cornell Law School's legal information cite. There are many orgs. dedicated to eliminating the tax exemption so they should have info. at their websites. Some law review articles should address all the concerns addressed above. More and more schools are placing their journals on line. I am used to accessing them by access to a law library or commercial legal research programs. If you have access to an academic database, they may be available there. Thomas, Library of Congress should have access to the IRS Code and regs.

    The regs are very important. I've done work for the ACLU. Why not call the DC office or check its website to see if they have any pending legislation, court cases, or even any position. I would be surprise if they endorse religious tax exemptions. Advancing religion is never const'l under the Const'n so why does our tax code embrace it? Freedom from Religion and the Antidefamation League are repeat players in the Establishment Clause field. They must also cover tax exemptions. Sorry-Americans United is also another repeat player. If the ACLU is not making this a priority. find out why and consider writing a letter to the Board of Directors encouraging them to take up this issue.

  • ABibleStudent
    ABibleStudent

    Hi Band on the Run, Even though I got headaches from reading subsections of Title 26, thank you for your suggestions to read it and research what other individuals/organizations are doing about challenging tax exemptions for religions. I did learn that § 7611 of Title 26 requires that the Secretary of the Treasury may begin a church tax inquiry, so I should address my letter to the Secretary of the Treasury instead of the Commissioner of the IRS. Will you help me to understand if § 501, § 504, § 6033, § 7611, and § 512 of Title 26 conflict with the Establishment clause in the Constitution, to understand if organizations are required to meet a charitable standard in Title 26, and to write a letter to the ACLU inspiring it to challenge § 501, § 504, § 6033, § 7611, and § 512 of Title 26 in court?

    I searched the Cornell University Law School, Legal Information Institute database for “501 and church” (30 occurrences found), “501 and religion” (2 occurrences found), and “501 and religious” (24 occurrences found) in Title 26 of the USC. After reviewing the results from the search I need help verifying that a legal interpretation of the following subsections of Title 26 would confirm a conflict with the Establishment clause of the Constitution:

    1) TITLE 26 > Subtitle A > CHAPTER 1 > Subchapter F > PART I > § 501 - Exemption from tax on corporations, certain trusts, etc

    2) TITLE 26 > Subtitle A > CHAPTER 1 > Subchapter F > PART I > § 502 - Feeder organizations

    3) TITLE 26 > Subtitle A > CHAPTER 1 > Subchapter F > PART I > § 504 - Status after organization ceases to qualify for exemption under section 501 (c)(3) because of substantial lobbying or because of political activities

    4) TITLE 26 > Subtitle F > CHAPTER 61 > Subchapter A > PART III > Subpart A > § 6033 - Returns by exempt organizations

    5) TITLE 26 > Subtitle F > CHAPTER 78 > Subchapter A > § 7611 - Restrictions on church tax inquiries and examinations

    6) TITLE 26 > Subtitle A > CHAPTER 1 > Subchapter F > PART III > § 512 - Unrelated business taxable income

    After reading the preceding subsections of Title 26, reading other web pages about challenges to tax exempt status of Churches, and visiting the ACLU website, I thought of a couple of ideas to campaign for changing the § 501, § 504, § 6033, § 7611, and § 512 of Title 26. I feel that § 501, § 504, § 6033, § 7611, and § 512 of Title 26 establishes churches/religions in the tax law and favors a church/religion over charitable organization, because an organization only has to claim that it is a church without having to prove it meets a charitable standard. I also need help in trying to understand why the IRS Exempt Purposes - Internal Revenue Code Section 501(c)(3) web page states that charitable is used in its generally accepted legal sense, but § 501 of Title 26 does not specifically state that.

    If the ACLU practices what it states on its webpage, the ACLU may be interested in that subsections in Title 26 establish churches/religions. According to the ACLU Religion & Belief's Webpage :

    “The goal of the ACLU’s work on freedom of religion and belief is to guarantee that all are free to follow and practice their faith – or no faith at all – without governmental influence or interference. Through litigation, public education, and advocacy, the ACLU promotes religious freedom and works to ensure that government neither prefers religion over non-religion nor favors particular faiths over others. At the same time, we act to protect the equally important and related constitutional right to exercise and express religious beliefs and individual conscience.”

    I believe that the government is inadvertently influencing how Americans practice their faith by supporting organizations such as the WTBTS with tax exempt status without at least requiring that churches/religions refrain from/do not promote shunning of former members by active members.

    I plan to continue to write letters to legislators and the executive branch to educate them about the harm that is caused by dangerous cults to Americans. Simultaneously I plan to write to the ACLU to challenge the constitutional validity of the government supporting organizations through exempting them from paying taxes. If the ACLU is successful to challenge the constitutionality of § 501, § 504, § 6033, § 7611, and § 512 of Title 26, then Congress would be in a position of having to change Title 26. It would help if other people would also write their representatives at least monthly to change § 501, § 504, § 6033, § 7611, and § 512 of Title 26.

    Peace be with you and everyone, who you love,

    Robert

  • crazyblondeb
  • ABibleStudent
    ABibleStudent

    Instead of writing to the Comissioner of the IRS, I decided to write to the Secretary of the Treasury to start a church tax inquiry in accordance with subsection 7611 of Title 26. If you want to read information about subsection 7611 of Title 26, please read earlier posts by me to this thread. Please feel free to comment on this letter.

    I do need help with locating people that have personal knowledge about some of the WTBTS's financial information. Does anyone have information about the WTBTS getting donations (i.e., kickbacks) from businessses that the WTBTS promoted to JWs to stay at that had substandard accomodations? Does anyone have information about the WTBTS consolidating congregations in nearby KHs and then selling off vacant KHs without involving the local congregation in the decision? I feel that information about those aforementioned practices might interest the IRS very much and might be perceived as not an activity that is approved for a church in Title 26.

    In the near future I plan to write a letter to the ACLU about challenging the Constitutionality of subsections of Title 26 that gurantee Churches/religions tax exempt status based solely on them claiming that they are churches/religions.

    Peace be with you and everyone, who you love,

    Robert

    Mr. Timothy Franz Geithner

    United States Secretary

    of the Treasury

    1500 Pennsylvania Avenue, NW

    Washington, D.C. 20220

    Dear Secretary Timothy F. Geithner:

    I respectfully request that a church tax inquiry be started in accordance with subsection 7611 of the USC Title 26 to investigate the Watchtower Bible and Tract Society of New York Inc. (EIN 11-1753577), Brooklyn, NY to revoke its 501(c)(3) tax exempt status. The tax inquiry should investigate the following as a minimum:

    • Donations (i.e., monetary kickbacks) from businesses that the Society actively promotes to members to stay at when attending conventions and assemblies,
    • Selling real property where members regularly meet (or met before being forced to relocate) and that those members paid off loans to the Society without those members freely making the decision to sell, and
    • Behavioral control techniques that the Society uses to control its members and to prevent members from freely choosing to practice their religious beliefs, as guaranteed by the U.S. Constitution.

    Is it possible for the Treasury Department to establish a process that Americans can send evidence about the Society for the Department to investigate? All that is needed is to establish a mail/email address for Americans to send information about the Society for a period of 6 months or more, and then assign trained agent(s) to review the information to determine whether to revoke the Society’s 501(c)(3) tax exempt status.

    What type of non-financial information and how much information would the Treasury Department need to revoke the Society’s 501(c)(3) tax exempt status as a church? Is publically available literature written by the Society encouraging family and friends, who are members, to shun former members evidence of promoting prejudice and discrimination? Or, are documents/literature acceptable that discloses how the organization teaches its members to deceive and lie to its members, the general public, government officials, and the courts? Are letters from former/current members acceptable that describe how the Society’s activities prevented them from freely practicing their religious beliefs, harmed them personally, increased tensions in a community, and promoted prejudice and discrimination? Are court documents acceptable that show how an organization interfered with criminal complaints being filed about child abuse and/or molestation?

    If the Treasury Department actively investigates organizations that support terrorism to eliminate them from receiving tax exemptions and donations, why doesn’t the Treasury Department also investigate organizations for being a dangerous cult such as the Watchtower Society? Members of dangerous cults have killed Americans at Jonestown in Guyana and in Waco, Texas and continue to harm Americans: the dangers for Americans are real. I believe that the American Government is inadvertantly supporting dangerous cults, because dangerous cults have and continue to receive 501(c)(3) tax exempt status. Agent(s) could be trained by reading books by cult experts, such as Steve Hassan’s book “Combatting Cult Mind Control”, and by taking seminars from cult experts in how to identify a dangerous cult and to understand how it behaves.

    Thank you in advance for reviewing and responding to my letter.

    Sincerely,

    Robert

  • Band on the Run
    Band on the Run

    I'm sorry. This thread sort of fell off my radar. Your legal questions would require a lot of work. Also, I don't want to give legal advice here. You did a great job of researching the issue and paying close attention to the text. I don't see how tax exemption is constl. Yet loftier lawyers agreed that it was. Churches are very powerful lobbies.

    I repeat that tax-exemptions force nonbelievers to subsidize a religion to which the have no ties and might hate.

  • Violia
    Violia

    I think any religion who provides counseling and food and other charitable things should be tax exempt. They are providing help. The WTS does none of those things. It has no Sunday schools, food banks etc. They encourage their members to apply for help to the government. Some jws do individually help others, but I know of no organized activity just for those who are poor. They have provided help of some sort to victims of floods etc, Katrina comes to mind. If I recall correctly their money collection came under question at least on this board. The WTS always says donate to us and we will use it for what is needed. I have serious doubts as to whether the money makes it to the actual victims and if it does can they prove it?

    Al Capone was finally put in prison over tax evasion. I have always said you can commit murder here in USA but write a hot check and they will fry you.

  • ABibleStudent
    ABibleStudent

    Thanks Band on the Run and Violia for your comments. At least it sounds like my letter is understandable and has some legal finger nail hold. If I get a response from the Treasury Department, I will post it in this thread.

    Peace be with you and everyone, who you love,

    Robert

  • Band on the Run
    Band on the Run

    I thought about my comments on this thread. Perhaps I should have been softer in my analysis. Every movement needs people to go boldly ahead and challenge presumptions. So what you are doing is acting as a citizen whistle blower. Citizens United and Freedom From Foundation do most of the litigation that I see. Marci Hamilton is a law prof. who writes exceptionally well analyzed law review articles in this field. I just wanted to let you know the actual legal posture.

    I've taken part in actions that were meant to be pressure on certain groups and garner publicity. This vanguard is important. It challenges belief and enables people to contemplate a new direction.

    I admire your activism. My remaining concern is that "getting" the Witnesses alone will backfire. If they are not in compliance, it is de minimus non compliance. I still feel that eliminating all tax exemption is the best policy if there is a mechanism to tax religion without the IRS becoming entangled with religions. I'm assuming that someone could propose a way to tax religion without entanglement.

  • ABibleStudent
    ABibleStudent

    Hi Band on the Run, Thank you for your tips on additional organizations to write to.

    Band on the Run - I admire your activism. My remaining concern is that "getting" the Witnesses alone will backfire.

    I am sorry if I have given you the impression that I am only going after the WTBTS - I am definately not going after Witnesses. I am going after all dangerous cults, The WTBTS is the one that I know best (and I am writing on JW/exJW support forum), so I use it as an example of how a dangerous cult behaves. I want to help victums of dangerous cults such as Witnesses (i.e., JWs) by encouraging (and/or forcing) dangerous cult leaders to change (or resign).

    Peace be with you and everyone, who you love,

    Robert

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