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

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