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 IRS' 'CHOSEN PEOPLE'
 
Taxpayers deserve to know whether they're being treated fairly by the IRS. The secret agreement between the agency and Scientologists should be open to scrutiny.
 
A Times Editorial
Published March 25, 2004
 
What kind of special tax privileges are members of the Church of Scientology receiving that members of other religions are not? That is a question the Internal Revenue Service refuses to answer - even for a federal appeals court.

The IRS claims it has a legal obligation to keep tax return information confidential, and for years it has extended that justification to the details of a 1993 agreement between the church and the IRS. Reportedly, in exchange for the church dropping thousands of lawsuits against the agency and a $12.5-million payment, the church was given a host of benefits, including having the IRS drop tax audits of 13 Scientology organizations, wipe away significant payroll taxes and penalties, and establish a tax deduction for Scientologists who participate in "training and auditing." This tax deduction was awarded even after the U.S. Supreme Court ruled that no special tax treatment for the church's training and auditing practices was warranted.

Two years ago, the secrecy of this agreement was denounced by the 9th Circuit U.S. Court of Appeals in a case involving an orthodox Jewish couple that claimed the IRS gave Scientologists denominational preference. At the time, the IRS refused to turn over a copy of the agreement to the court, which noted sardonically in its ruling that this "secret" document had been reprinted in the electronic version of the Wall Street Journal.

In the end, the court ruled against the couple, Michael and Marla Sklar, who had pointed to the IRS' deal with Scientologists as a basis for claiming a deduction for their children's Jewish schooling. The court said that the Sklars were not entitled to the deduction because they received market value for their tuition payments. Charitable deductions to religious organizations are supposed to be available only in exchange for an "intangible religious benefit."

But in a concurring opinion, Judge Barry Silverman encouraged future litigation on the special tax status of Scientologists. "If the IRS does, in fact, give preferential treatment to members of the Church of Scientology - allowing them a special right to claim deductions that are contrary to law and rightly disallowed to everybody else - then the proper course of action is a lawsuit to stop that policy," Silverman wrote.

In a trial that began in Los Angeles on Wednesday, the Sklars were back in court challenging what they see as an inherent unfairness in the way the tax code is applied to religions other than the Scientologists. But the 9th Circuit is correct. The response to this disparity should not be an expansion of tax deductibility for religious training but closer scrutiny of the tax benefits extended to Scientologists for their one-on-one paid "auditing" sessions with counselors.

And as to the "secret" agreement between the IRS and Scientologists, it is time to open that document to the public. The law demands special disclosures by tax-exempt organizations such as churches; and the public has a right to know the details of any agreement relative to a church's tax exemption. Moreover, as a matter of public policy, any IRS contract that creates a new deduction for an entire class of taxpayers should be disclosed to the public. Otherwise there may be beneficiaries who are left in the dark.

The Church of Scientology may routinely operate by shrouding its practices, but its interactions with government should be a matter of public record. Taxpayers need to know if they are being treated fairly and whether the IRS, as Judge Silverman queried, has made Scientologists its "chosen people."

 
USA : CHURCH OF SCIENTOLOGY
 
Department of the Treasury - Internal Revenue Service
 Closing Agreement On Final Determination Covering Specific Matters
 
Under section 7121 of the Internal Revenue Code, the parties named herein and the Commissioner of Internal Revenue make the following closing agreement :
 
WHEREAS, the Church of Scientology and its constituent entities (the"Church") and the Internal Revenue Service (the "Service") have a long history of controversy spanning over 30 years ;
 
WHEREAS, the Church has pending with the Service applications on Form 1023 requesting that the Service recognize certain constituent entities within the Church as exempt from income taxation pursuant to section 501(a) of the Internal Revenue Service Code, as exclusively charitable organizations described in section 501 (c) (3) of the Code ;
 
WHEREAS, the controversy between the parties includes litigation (hereinafter "the section 170 litigation") in which the deductibility under Code section 170 of parishioners' payments to the Church in connection with their participation in religious services of the Scientology faith is at issue ;
 
WHEREAS, the Church signatories and individual Scientologists have initiated, supported and/or otherwise participated in litigation under the Freedom of Information Act (FOIA) to compel the Service to disclose information withheld by the Service in response to FOIA requests about its treatment of Scientologists and Churches of Scientology (hereinafter "FOIA litigation");
 
WHEREAS, in October of 1991, the key officials of the Church, David Miscavige and Mark Rathbun, approached the Service seeking to negotiate the resolution of the above-described matters, and met with the then Commissioner ;
 
WHEREAS, at this meeting, the Commissioner indicated his desire to resolve all outstanding issues between the Church and the Service and appointed the Assistant Commissioner to negotiate and conclude a settlement with the Church on behalf of the Service;
 
WHEREAS, the Church and the Service intend this closing agreement to be final and conclusive with respect to all matters but, while also final and conclusive, that its provisions relating to the continuing duties and obligations of both parties during the transition period shall generally be effective until December 31, 1999 ;
 
NOW IT IS HEREBY DETERMINED AND AGREED, for purposes the Internal Revenue laws of the United States, and in consideration of the provisions contained herein that :
 
 
TABLE OF CONTENTS
 
I. Introduction
 
II. Resolution of Outstanding Issues
 
A. In General
B. Payment in Consideration of Resolution of Outstanding Issues
C. Effect of Agreement on Prior Tax Years and Waiver of Rights of Action
D. Effect of Outstanding Administrative Matters
1. Church tax inquiries under Code section 7611
2. Other examinations of Scientology-related entities
3. Outstanding tax assessments
4. Trust fund recovery penalties
5. Time period in which to effectuate paragraph D
E. Effect on Outstanding Litigation Matters
1. In general
2. Zolin
3. Stipulations
4. Certain pending cases requiring coordination
F. After-Discovered Cases of Examinations in Existence as of the Date of this Agreement
G. Finality
 
III. Service Determinations Regarding Scientology-Related Entities
 
A. Issuance of Determination Letters
B. Individual Determination Letters
C. Group Determination Letters
 
IV. Obligations and Undertakings During the Transaction Period
 
A. Establishment of Church and Tax Compliance Committee
1. Purpose of Church Tax Compliance Committee
2. Membership of Church Tax Compliance Committee
a. Corporate CTCC members
b. At-large members of CTCC
c. Individual CTCC members
3. Responsibilities of CTCC
a. Annual report
b. Communications
c. Meetings
d. Guaranty
e. Liability for penalties
4. Actions of CTCC
 
B. Financial Reporting Requirements
1. Special accounting procedures
a. In general
b. Special Accounting Procedures --Operational aspects
c. CPA's reports -- In general
d. CTCC responsibilities
e. Selection of a qualified CPA
f. Definition of qualified CPA
g. CTCC's approval of selection
h. Notification of selection
i. First Qualified CPA
j. Special Purpose Report agreement
k. Special Purpose Report scope limitation
l. Access to Special Purpose Report - related to documents
m. Required disclosures to CPA
n. Submission of Special Purpose Reports
o. Submission of plan of corrective action
2. Internal financial reports
3. Report on central reserves transactions and balances
4. Tax returns
5. Term
 
C. Fiduciary Reporting Requirements
1. Compensation information
2. Modifications of organizational documents
3. Reporting of any dividend payment with respect to any entity
4. Reporting of any ownership change with respect to any entity
5. Reporting on creation of new entities
6. Reporting of any ecclesiastical modification or the restructuring of any entity
7. Reporting of certain asset transfers and expenditures
8. Reporting of certain asset transfers that diminish the assets of the corporate members of the CTCC
9. Reporting of any amendment of any directive concerning the treatment of funds
10. Activity or inaction in contravention of this Agreement
11. Update on operational modifications
12. Education and training issues under Code section 170
13. Term of fiduciary reporting under section IV C
 
D. Certifications
1. In general
2. Section 501 (c) (3)
3. Continuing certifications
E. Operational modifications
F. Treatment of Information Exchanges
 
V. Treatment of the Code Section 6104 Public Inspection File and Certain Other Materials
 
A. Code section 6104 Public Inspection File
B. Disclosure of Information by the Service
C. Disclosure of Information by the CTCC
D. Proceeding Under Agreement
E. Disclosure Following Inquiries
F. Correction of Misstatements
G. Term of Undertaking
 
VI. Penalty Provisions During Transition Period and Other Procedural Matters
 
A. Introduction: Purpose and Scope of Sanctions
B. Self-Dealing Transactions
1. First-tier penalties
a. On Individual CTCC member who is a self-dealer or who is related to a self-dealer
b. On Individual CTCC member with knowledge of transaction
2 . Second-tier penalties
a. On Individual CTCC member who is a a self-dealer or who is related to a self-dealer
b. On Individual CTCC member refusing to correct
3. Self-dealing
a. In general
b. Special rules
c. Exceptions
d. Amount involved
C. Noncharitable Expenditures
1.First-tier penalties
a. On Corporate CTCC members
b. On Individual CTCC members
2. Second-tier penalties
a. On Corporate CTCC members
b. On Individual CTCC members
3. Noncharitable expenditure
a. Noncharitable expenditure
b. Expenditure responsibility
c. Governing principles
4. Special noncharitable expenditure
5. Amount involved
D. Reporting Obligations
1. Penalty on Corporate CTCC members
2. Penalty on Individual CTCC members
a. Failure to comply with demand
b. Application of penalties for failure to provide information
3. Exception for reasonable cause
4. Exception for inability to certify specific information
E. Joint and Several Liability and Certain Penalty Limitations for Individual CTCC members
F. Additional Penalty
G. Third-Tier Penalty
H. Procedures for Penalty Determinations
1 a First-tier penalty
1 b. Second-tier penalties
1 c. Other penalties
2. Interest
3. Non-assertion of penalties
 
VII. Treatment of Parishioner's Contributions
 
VIII. Definitions
IX. Other Matters
 
A. Representations
B. Notices
C. Rules of Construction
D. Entire Agreement
E. Survival of Agreement
F. Cost of Compliance with Agreement
G. Counterparts
H. Finality
 
X. Date of Agreement Signatures List of Exhibits
 
Finding Stress, and Some Friction
New York Times, March 29, 2005
By Andy Newman
A corridor of the Times Square subway station may not seem to be the ideal
spot to conduct a carefully controlled psychological experiment.


For one thing, the soundproofing is entirely inadequate. The confluence of a dozen subway lines creates constantly shifting sonic interference, ranging from mild to deafening, that an overlay of Peruvian panpipe ensembles serves to heighten rather than mask. Moreover, the place is often in a state of open field pedestrian stampede that would daunt a star high school halfback.

But there, at the underground crossroads of the world, an army of people who call themselves testers had set up the tools of their trade: a pair of hollow metal bars hooked to a simple electrical meter, and stacks of a paperback book.

They were volunteers from the Church of
Scientology, and for the last six months, they had been stationed at red-clothed tables in Times Square and several other subway hubs, measuring the baseline stress levels in the brains of all passers-by willing to sit still for a minute and hold the metal bars.

In addition to using their "e-meters" to compute the electrical resistance caused by traumatic thoughts, the Scientologists offered, for a "suggested donation" of $8, copies of their textbook, "Dianetics: The Modern Science of Mental Health."

Last night, however, the Scientologists experienced a high-stress event themselves. Plainclothes detectives determined that the books were being sold, not given in exchange for donations, in violation of New York City Transit rules against unlicensed vending, said Paul J. Browne, the deputy commissioner for public information for the Police Department.

The detectives issued six people $50 summonses and ejected them from the Times Square station, Mr. Browne said.

"There had been an agreement that they could stay there as long as they did not get in people's way, and did not sell the material," Mr. Browne said. "They did not live up to the agreement."

Until yesterday, the Scientologists' claim that they were soliciting donations, not selling books, had been buttressed in practice by the legions of police officers who had left them alone.

"In no way is it a commercial operation," said the Rev. John Carmichael, president of the Church of Scientology of New York.

"We've helped so many people here," Peter Davis, a 20-year-old volunteer from Louisiana, said yesterday afternoon, a few hours before the evictions. Mr. Davis, who like many of his colleagues wore a bright red parka emblazoned with "Get it. Read it. Dianetics," said that distractions like the ecstatic-looking woman playing a musical saw 20 feet away did not contaminate the results of the stress test. "What we're testing," he said, "is what's going on inside the guy's head."

To be sure, most straphangers who raced by the table in recent days did not even glance over. But several curious people who did stop to take the free stress test did not seem bothered by the book pitch.

Indra Seurattan, a customs broker visiting New York from Trinidad and Tobago, sat down opposite a volunteer named Kiersten, who asked her to hold the metal bars and focus on something that was troubling her. Ms. Seurattan, 42, thought about her job, which has become so demanding that she has not had a good night's sleep for more than a year.

The needle on the e-meter slammed to the right. The diagnosis: definitely stressed. Kiersten explained that Dianetics could help her tackle all her problems.

Ms. Seurattan was impressed. "I told her: 'I'm waiting on my friend and I don't have enough money. Maybe if I did I'd buy the book.' "

A 17-year-old who gave his name only as Brandon told his tester about a quandary involving competing offers from two potential girlfriends.

"She said, 'It's understandable that you might be stressed out,' " Brandon said.

Brandon, too, said that if he had any money, "I would have bought the book. It seemed like it could help."

Scientology, founded 50 years ago by the science-fiction writer L. Ron Hubbard, who died in 1986, claims to be one of the world's fastest-growing religions despite accusations that it is a controlling cult. Its many evangelical adherents include Hollywood luminaries like Tom Cruise, John Travolta and Nancy Cartwright, the voice of Bart Simpson.

Dianetics, the discipline underlying Scientology, posits that if people identify the unconscious thoughts and associations that are upsetting them, they can defuse them.

Mr. Carmichael said that during the course of the subway campaign, the Scientology tables had become "part of Times Square, and part of New York."

In fact, one of the posters sold last year to commemorate the 100th anniversary of the subway system was a cartoon of Times Square with many references to Scientology, including the stress-test table.

A spokesman for the Metropolitan Transportation Authority, the parent agency of New York City Transit, told The Daily News last October that the poster simply depicted "the actuality of Times Square and what is going on here."

But New York City Transit appeared to have decided that what is going on is a violation of its rules.

On March 11, the agency's lawyers wrote a letter advising Mr. Carmichael that while its rules allowed "solicitation for religious or political causes," solicitation was different from selling, which is not allowed without the authority's permission.

Mr. Carmichael said that the $8 donation was not a requirement. Indeed, a sign sometimes displayed on the table near the books says "suggested donation: $8."

But when a reporter presenting himself as a stressed-out New Yorker took the test and suggested a donation of considerably less than $8 for the book, the tester, a young man in a striped tie, balked.

"It's a fixed donation," the man said. "The money is just to recover the cost of producing the books."

A saleswoman at a major paperback-book printer in the Midwest, who asked that her firm not be identified, provided an estimate for a book with similar specifications to "Dianetics," which has 700 pages, a black-and-white photo insert and a four-color cover. The price: $1.58 per copy for 50,000 copies, not including. distribution and delivery. The church says it has published more than 20 million copies of the book.

Charles F. Seaton, director of public affairs at New York City Transit, expressed puzzlement at the church's book distribution policy.

"A fixed donation," he said slowly. "Yeah, right."

Shortly after the reporter asked the police about paying for the book, the detectives made their visit to the testers, Mr. Browne said.

Mr. Carmichael said last night that he was talking with the police, and said that the Scientologists were protected by the United States Constitution. Mr. Davis, the tester in the red parka, said that in any case, moving copies of "Dianetics" was not the church's primary mission.

"Even if the guy doesn't buy a book, we've gotten him to take a look at his life and see what's troubling him," Mr. Davis said. "That's a service in itself. "We've had guys sit down who are thinking of committing suicide. I've had people who killed other people. Just by doing the stress test they realize, 'Hey, this is something I need to handle.' "

 
http://www.nytimes.com/2005/03/29/nyregion/29scientology.html
 
and
 
http://www.nytimes.com/2005/03/29/nyregion/29scientology.html?pagewanted=2