Scientology and Their Tax Deal

Practical and Practice issues for Professionals who practice in the area of taxation. Moral, social and economic issues relating to taxes, including international issues, the U.S. Internal Revenue Code, state tax issues, etc. Not for "tax protestor" issues, which should be posted in the "tax protestor" forum above. The advice or opinion given herein should not be relied on for any purpose whatsoever. Also examines cookie-cutter deals that have no economic substance but exist only to generate losses, as marketed by everybody from solo practitioner tax lawyers to the major accounting firms.
Number Six
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Scientology and Their Tax Deal

Post by Number Six »

I was impressed with the NY Times article on how Scientology got a tax break of a lifetime and special status back in 1993, this Wikipedia article goes over the long drawn out issue: https://en.wikipedia.org/wiki/Tax_statu ... ted_States
https://www.nytimes.com/1997/03/09/us/s ... xempt.html

It seems that there was an unscheduled meeting between IRS commissioner Fred Goldberg, and Scientology head Miscavige when terms of the legal battles were negotiated. Do we know the hidden details of why the Scientology cult got ridiculous immunity from tax responsibilities as they did?
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Mike_p
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Re: Scientology and Their Tax Deal

Post by Mike_p »

This side of the pond I understand we have a rule that says no parliament can bind future parliaments. Do you have something similar on your side? If so, it's probably a propitious time for someone to review that tax agreement.
Burnaby49
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Re: Scientology and Their Tax Deal

Post by Burnaby49 »

Mike_p wrote: Mon May 06, 2019 8:23 pm This side of the pond I understand we have a rule that says no parliament can bind future parliaments. Do you have something similar on your side? If so, it's probably a propitious time for someone to review that tax agreement.
I have no idea what's involved in the American Scientolgy tax exemption agreement however in Canada the "Church" has failed to win status as a federally registered charity for tax purposes. In Canada allowing an organization tax exempt status is a matter of regulation administered by the Canada Revenue Agency and this status can be revoked.
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Arthur Rubin
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Re: Scientology and Their Tax Deal

Post by Arthur Rubin »

As an aside, the only two types of IPs banned by Wikipedia are open proxies and Church of Scientology IPs.
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fortinbras
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Re: Scientology and Their Tax Deal

Post by fortinbras »

In the US one Congress cannot prevent a subsequent Congress from amending or repealing legislation.

Tax exemptions have to be justified and the acquisition of evidence that an organization with a tax exemption is no longer adhering to either the legal requirements for tax exemption or to the purposes/activities for which it was granted its tax exemption will lead to a investigation that might revoke the tax exemption, and sometimes lead to retroactive tax liabilities and/or criminal charges. Scientology got its tax exemption largely by intimidating IRS employees and it's a real question whether this generation of IRS employees is tough enough to go toe-to-toe with the Scientologists for what may be a very prolonged and very dirty conflict.
Number Six
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Re: Scientology and Their Tax Deal

Post by Number Six »

Governments in the US should look at all remedies; could the state of California sue the federal government for creating unreasonable and special treatment by classifying a commercial and provably criminal organization as a charitable one? There have got to be legal remedies like former members used. https://www.villagevoice.com/2008/06/24 ... ng-defeat/
'There are two kinds of injustice: the first is found in those who do an injury, the second in those who fail to protect another from injury when they can.' (Roman. Cicero, De Off. I. vii)

'Choose loss rather than shameful gains.' (Chilon Fr. 10. Diels)
Famspear
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Re: Scientology and Their Tax Deal

Post by Famspear »

Burnaby49 wrote: Mon May 06, 2019 10:26 pm
Mike_p wrote: Mon May 06, 2019 8:23 pm This side of the pond I understand we have a rule that says no parliament can bind future parliaments. Do you have something similar on your side? If so, it's probably a propitious time for someone to review that tax agreement.
I have no idea what's involved in the American Scientolgy tax exemption agreement however in Canada the "Church" has failed to win status as a federally registered charity for tax purposes. In Canada allowing an organization tax exempt status is a matter of regulation administered by the Canada Revenue Agency and this status can be revoked.
Same in the United States. I saw nothing in the Wikipedia article stating that the U.S. Congress was somehow a party to the agreement with the Scientology organization.

Presumably, the agreement was with the Secretary of the Treasury -- "or his delegate" -- perhaps under 26 USC section 7121. If so, the terms of the agreement would be considered "return information" under section 6103(b)(2)(D), and would thereby be considered "confidential" under section 6103. Generally, the willful disclosure of "return information" by an officer or employee of the United States is a felony under section 7213(a)(1) (up to five years in the slammer) -- except that section 6103 contains over forty pages of exceptions to that rule.
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