John Michael and Janice Hill Brannon - Page 11




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          taxpayer in Wingo v. Commissioner, supra, and concluded as follows:         
               To perform services in the control, conduct, and                       
               maintenance of the church or organizations within the                  
               church, the minister need only have some participation                 
               in the conduct, control, and maintenance of the local                  
               church or denomination. [Id. at 936; emphasis                          
               supplied.]                                                             
          During 1983 and 1984, as a licensed local pastor petitioner                 
          served "in the control, conduct, and maintenance" of his charge,            
          that is, Trinity-Weoka, even though as a licensed local pastor he           
          might not have done so with respect to the Church as the                    
          governing organization.                                                     
               In 1983 and 1984, as a licensed local pastor, petitioner:              
          (1) Presided over the ministration of sacerdotal functions; (2)             
          conducted religious worship; and (3) served in the control,                 
          conduct, and maintenance of his charge within the Church.                   
          Therefore, during those years he performed services as a minister           
          within the meaning of section 1402.  That being so, and because             
          for each of those years petitioner had net earnings of at least             
          $400 derived for the performance of services as a minister, to be           
          effective, his application for exemption from the tax on self-              
          employment income should have been filed prior to the due date of           
          his 1984 Federal income tax return.  Because it was not so filed,           
          respondent's determination that petitioner's earnings as a                  










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