On Friday, U.S. District Judge Barbara Crabb of Wisconsin ruled that the second part of IRS Code Sec. 107, which exempts clergy from paying income taxes on compensation considered a housing allowance, “provides a benefit to religious persons and no one else, even though doing so is not necessary to alleviate a special burden on religious exercise.”
“The significance of the benefit simply underscores the problem with the law, which is that it violates the well-established principle under the First Amendment that ‘[a]bsent the most unusual circumstances, one’s religion ought not affect one’s legal rights or duties or benefits,'” wrote Crabb in a ruling first reported by the Wisconsin State Journal.
The decision leaves alone the first part of Sec. 107, which excludes the rental value of actual parsonages from being taxed.