John Michael and Janice Hill Brannon - Page 8




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          performance of services as a minister within the meaning of                 
          section 1402 because the authority of a local pastor is not as              
          extensive as the authority of an ordained deacon.                           
               Respondent disagrees and argues that the services that                 
          petitioner performed as a local pastor in 1983 and 1984                     
          constituted the performance of services as a "licensed" minister,           
          even though petitioner was not yet an "ordained" minister.                  
          Because petitioner earned more than $400 from the performance of            
          such services in those years (a point that is not in dispute),              
          respondent maintains that the application was not timely because            
          it was not filed by the due date of petitioner's 1984 Federal               
          income tax return.                                                          
               Petitioners' argument that the period for filing the                   
          application for exemption did not begin to run until the date of            
          his ordination, is incorrect.  The phrase "duly ordained,                   
          commissioned, or licensed minister", as used in the relevant                
          statutory scheme, is a disjunctive phrase.  The statute applies             
          if the individual is either an ordained minister, a commissioned            
          minister, or a licensed minister.  See Wingo v. Commissioner,               
          supra at 933; Salkov v. Commissioner, 46 T.C. 190, 197 (1966).              
               Whether an individual performs services as an ordained,                
          commissioned, or licensed minister depends upon the type of                 
          services performed, not just on the official title of the person            
          performing those services.  Consequently, we focus upon the                 





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