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  • IRS Rules That Churches May Endorse Political Candidates

    IRS Rules That Churches May Endorse Political Candidates


    Trump and the Republican Party have long advocated for changes in federal law to allow churches to engage in political activities. The Johnson Amendment, enacted in 1954, limited the ability of churches and other religious institutions from issuing endorsements from the pulpit. Trump’s base includes evangelical churches that wanted this ban lifted. Trump didn’t have to change the law. He just had to appoint the Director of the Internal Revenue Service.

    The New York Times reported:

    The I.R.S. said on Monday that churches and other houses of worship can endorse political candidates to their congregations, carving out an exemption in a decades-old ban on political activity by tax-exempt nonprofits.

    The agency made that statement in a court filing intended to settle a lawsuit filed by two Texas churches and an association of Christian broadcasters.

    The plaintiffs that sued the Internal Revenue Service had previously asked a federal court in Texas to create an even broader exemption — to rule that all nonprofits, religious and secular, were free to endorse candidates to their members. That would have erased a bedrock idea of American nonprofit law: that tax-exempt groups cannot be used as tools of any campaign.

    Instead, the I.R.S. agreed to a narrower carveout — one that experts in nonprofit law said might sharply increase politicking in churches, even though it mainly seemed to formalize what already seemed to be the agency’s unspoken policy.

    The agency said that if a house of worship endorsed a candidate to its congregants, the I.R.S. would view that not as campaigning but as a private matter, like “a family discussion concerning candidates.”

    “Thus, communications from a house of worship to its congregation in connection with religious services through its usual channels of communication on matters of faith do not run afoul of the Johnson Amendment as properly interpreted,” the agency said, in a motion filed jointly with the plaintiffs.

    The ban on campaigning by nonprofits is named after former President Lyndon B. Johnson, who introduced it as a senator in 1954. President Trump has repeatedly called for its repeal.



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  • IRS Considering Revoking Harvard’s Tax-Exempt Status, New York Times Reports

    IRS Considering Revoking Harvard’s Tax-Exempt Status, New York Times Reports


    Trump hates Harvard. It refuses to follow his orders. Harvard’s President Alan Garber flatly refused to let the Trump goons take control of the university. Trump wants to show Harvard who is in charge. He said Harvard should lose its tax-exempt status. This is an unprecedented show of force. The president is not allowed to interfere with IRS decisions. But he appointed a new IRS leader. Nobody says no to Trump. But Harvard said no.

    When Harvard’s President, Alan Garber, resolutely refused to accept the Trump administration’s demand to oversee its curriculum, its admissions, and its hiring practices, Trump was furious. He lashed out and threatened to revoke Harvard’s tax-exempt status. By law, the President is not allowed to direct the IRS to investigate anyone. But lo and behold, the IRS commissioner absurdly claimed that it was already investigating Harvard, the nation’s most prestigious university. Sure.

    Academic freedom hangs in the balance. Big government wants to control what universities teach, who they admit, and who they hire.

    This is the worst attack on the independence of universities since the McCarthy era. it is actually more dangerous than McCarthy, who picked out individual professors. This is the President of the United States declaring war on America’s universities.

    The New York Times reported:

    The Internal Revenue Service is weighing whether to revoke Harvard’s tax exemption, according to three people familiar with the matter, which would be a significant escalation of the Trump administration’s attempts to choke off federal money and support for the leading research university.

    President Trump on Tuesday publicly called for Harvard to pay taxes, continuing a standoff in which the administration has demanded the university revamp its hiring and admissions practices and its curriculum.

    Some I.R.S. officials have told colleagues that the Treasury Department on Wednesday asked the agency to consider revoking Harvard’s tax-exempt status, according to two of the people, who spoke on the condition of anonymity to describe internal conversations.

    An I.R.S. spokeswoman declined to comment. The Treasury Department did not respond to a request for comment.

    Federal law bars the president from either directly or indirectly requesting the I.R.S. to investigate or audit specific targets. The I.R.S. does at times revoke tax exemptions from organizations for conducting too many political or commercial activities, but those groups can appeal the agency’s decision in court. Any attempt to take away Harvard’s tax exemption would be likely to face a legal challenge, which tax experts expect would be successful.

    Harrison Fields, a White House spokesman, said the I.R.S.’s scrutiny of Harvard began before the president’s social media post.

    “Any forthcoming actions by the I.R.S. are conducted independently of the President, and investigations into any institution’s violations of their tax status were initiated prior to the President’s TRUTH,” Fields said in a statement, referring to Mr. Trump’s website Truth Social.

    In a statement, Harvard said there is no legal basis for rescinding its tax status.

    “Such an unprecedented action would endanger our ability to carry out our educational mission,” the university said. “It would result in diminished financial aid for students, abandonment of critical medical research programs, and lost opportunities for innovation. The unlawful use of this instrument more broadly would have grave consequences for the future of higher education in America.”

    Even an attempt at changing Harvard’s tax status would signify a drastic breach in the independence of the I.R.S. and its historic insulation from political pressure.

    The Trump administration has cleared out much of the agency’s senior leadership in the last few months, installing allies to temporarily serve as the commissioner and its top lawyer. Its newest acting commissioner, Gary Shapley, was an I.R.S. agent who has said that the investigation into the taxes of Hunter Biden, former President Joseph R. Biden Jr.’s son, was not aggressive enough.



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