Richard D. Warren and Elizabeth K. - Page 7




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          legislative history, limits the amount that may be excluded from            
          income as a parsonage allowance under section 107(2) to the fair            
          market rental value of the residence occupied.  A rental                    
          allowance excludable under section 107(2) may be used (1) to rent           
          a home, (2) to purchase a home, and (3) to pay expenses directly            
          related to providing a home.  See sec. 1.107-1(c), Income Tax               
          Regs.  Section 107(1) limits the exclusion to the rental value of           
          a home furnished as part of a minister’s compensation.  In                  
          contrast, no fair rental value limit is stated in section 107(2)            
          or the regulations issued thereunder.                                       
               We have previously held that, under section 107(2), the fair           
          rental value of a minister’s home is not excludable to the extent           
          that it exceeds the amount the minister uses to provide housing.            
          See Reed v. Commissioner, 82 T.C. 208, 214 (1984).  In Reed, we             
          were not required, and thus declined, to decide the issue here;             
          i.e., whether the exclusion under section 107(2) is limited to              
          the lesser of fair rental value or the amount used for housing.             
          See id.  We said:                                                           
                    The trouble with petitioners’ analysis is that the                
               Congress, faced with the “rental value” language of                    
               section 107(1), did not choose to use such language in                 
               section 107(2).  Instead, the Congress provided that                   
               the exclusion applies to “the rental allowance paid * *                
               *, to the extent used by [the minister] to rent or                     
               provide a home.”  (Emphasis added.)  Thus, the Congress                
               clearly provided a different measure for the exclusion                 
               under section 107(2) than the measure provided under                   
               section 107(1).  Petitioners have failed to show us a                  
               policy problem so overwhelming as to force us to                       






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