
James F. McDonough
Of Counsel
732-568-8360 jmcdonough@sh-law.comFirm Insights
Author: James F. McDonough
Date: May 13, 2014

Of Counsel
732-568-8360 jmcdonough@sh-law.comIn the 1990s, an Orange County California minister and the Internal Revenue Service (IRS) battled over the amount of his parsonage or housing allowance. The IRS claimed that the allowance, which is tax-free to the minister, was overstated and that some portion of the allowance should have been reported as income. The case proceeded to court and was appealed to the Circuit Court of Appeals for the Ninth Circuit in San Francisco. There, the Court appointed a law professor to write a brief on whether the parsonage allowance was constitutional. Congress took immediate action passing a law granting the exemption but limiting the parsonage allowance to the fair market value of the residence. This statute was a concession to clergy and IRS. The Court dismissed the case because there was no longer an issue to decide although the law professor believed the issue should be briefed, debated and ruled upon.
In 2013, this very same issue appeared in two cases. In Freedom From Religious Foundation v. Lew, a Federal District in Wisconsin held that the parsonage allowance was unconstitutional and that the allowance was an endorsement of religion. That case is on appeal to the Circuit Court of Appeals for the Seventh Circuit in Chicago and enforcement of the decision was stayed. The same issue was litigated in American Atheists v. Schulman, where a Federal District in Kentucky decision is pending. The Kentucky case would also be appealed to the Seventh Circuit.
The impact of a decision adverse to the parsonage allowance may not be limited to housing for ministers. One argument made by atheists is that because churches pay nothing, citizens pay more and that this is unfair. They claim governments could collect 71 billion in tax revenue if the allowance was halted. They also raise an argument that atheist organizations are unable to compete with churches because churches are not subject to the same qualification process. Finally, there is a challenge to the extension of favorable treatment to churches, clergy, religious organizations and non-church organizations that advance religion. They argue equal protection and the establishment clauses claiming that the favorable treatment is without secular purpose and rational explanation in law or fact.
Striking down the parsonage allowance would have a dramatic impact upon real estate property taxation. If other favorable treatment was revoked, the tax-exempt area and religious areas would be dramatically impacted. There has always been tension between church and state throughout history. Once again, it appears, albeit in a slightly different form.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Compliance programs are no longer judged by how they look on paper, but by how they function in the real world. Compliance monitoring is the ongoing process of reviewing, testing, and evaluating whether policies, procedures, and controls are being followed—and whether they are actually working. What Is Compliance Monitoring? In today’s heightened regulatory environment, compliance […]
Author: Dan Brecher

New Jersey personal guaranty liability is a critical issue for business owners who regularly sign contracts on behalf of their companies. A recent New Jersey Supreme Court decision provides valuable guidance on when a business owner can be held personally responsible for a company’s debt. Under the Court’s decision in Extech Building Materials, Inc. v. […]
Author: Charles H. Friedrich

Commercial real estate trends in 2026 are being shaped by shifting economic conditions, technological innovation, and evolving tenant demands. As the market adjusts to changing interest rates, capital flows, and workplace models, investors, owners, tenants, and developers must understand how these trends are influencing opportunities and risk in the year ahead. Overall Outlook for Commercial […]
Author: Michael J. Willner

Part 2 – Tips Excluded from Income Certain employees and independent contractors may be eligible to deduct tips from their income for tax years 2025 through 2028 under provisions included in the One Big Beautiful Bill. The deduction is capped at $25,000 per year and begins to phase out at $150,000 of modified adjusted gross […]
Author: Scott H. Novak

Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]
Author: Scott H. Novak

In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!