Michael and Marla Sklar - Page 7




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          the Church of Scientology is in violation of the First Amendment.           
          Petitioners have made a proffer of evidence tending to conform to           
          their allegations.3                                                         
               In her dissenting opinion in Hernandez v. Commissioner,                
          supra at 705, Justice O’Connor stated:                                      
                    It must be emphasized that the IRS’ position here is              
               not based upon the contention that a portion of the                    
               knowledge received from auditing or training is of a                   
               secular, commercial, nonreligious value.  Thus, the denial             
               of a deduction in these cases bears no resemblance to the              
               denial of a deduction for a religious-school tuition up to             
               the market value of the secularly useful education received.           
               See Oppewal v. Commissioner, 468 F.2d 1000 (1st Cir. 1972);            
               Winters v. Commissioner, 468 F.2d 778 (2d Cir. 1972); DeJong           
               v. Commissioner, 309 F.2d 373 (9th Cir. 1962). * * *                   

               There is nothing in the record to show that petitioners’               
          situation is analogous to that of the members of the Church of              
          Scientology.  The Church of Scientology and the schools involved            
          in this case are not identical in their organization, structure,            
          or purpose.  Auditing, as defined in Hernandez v. Commissioner,             
          supra, is not the same as a general education, which may include            
          some percentage for religious education.   Thus we perceive no              
          denominational preference to require any inquiry into a purported           
          violation of the Establishment Clause.  As stated earlier,                  


          3  Petitioners offered into evidence 16 documents with                      
          respect to their contentions.  Respondent objected to these                 
          documents on various grounds, and we took the objections under              
          advisement.  We have determined that the documents are not                  
          admissible because they are irrelevant to this case.                        






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