Richard D. Warren and Elizabeth K. - Page 9




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               The church designated all of petitioner’s compensation as a            
          housing allowance for its fiscal years ending May 31, 1994, and             
          May 31, 1995, and 80 percent for its fiscal year ending May 31,             
          1996.  Respondent contends that the language in section 107(2)              
          that excludes from income a rental allowance paid to a minister             
          “as part of his compensation” shows that Congress intended not to           
          allow an exclusion of all of a minister’s salary.  We disagree.             
          Respondent’s reading suggests that the “part of his compensation”           
          language in section 107(2) requires that, to be excludable under            
          section 107(2), any “part” of a minister’s compensation may be              
          designated as a rental allowance so long as less than “all” is so           
          designated.  Under that interpretation, a taxpayer could qualify            
          under section 107(2) if, for example, the amount designated as a            
          rental allowance were $1.00 less than the minister’s total                  
          compensation.  This reading is not specifically indicated by the            
          legislative history or required by the regulations.  It seems               
          unlikely that such a tiny difference in amounts should control              
          whether section 107(2) applies.                                             
               The “part of his compensation” language also appears in                
          section 107(1).  Thus, under respondent’s reading, no exclusion             
          would be available to a minister to whom a church provided a home           
          but no other compensation because the home would be all of that             
          minister’s compensation.  We do not think Congress intended to              
          require ministers living under those circumstances to pay tax on            






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