Larry Whittington - Page 6




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          him as part of his compensation, to the extent used by him to               
          rent or provide a home.  The accompanying regulations provide               
          that the rental allowance must be provided as remuneration for              
          ministerial services.  See sec. 1.107-1(a), Income Tax Regs.                
          Such services include the ministration of sacerdotal functions;             
          the conduct of religious worship; and the control, conduct, and             
          maintenance of religious organizations, under the authority of a            
          religious body constituting a church.  See sec. 1.1402(c)-                  
          5(b)(2), Income Tax Regs.                                                   
               Respondent's only contention regarding section 107 is that             
          FOL is not a "church" and, therefore, Ray and Larry were not                
          ministers performing services under the authority of a church.              
          We disagree.  The term "church" is not defined in section 107 or            
          the regulations thereunder.  Nevertheless, we have previously               
          stated:                                                                     
               To classify a religious organization as a church under                 
               the Internal Revenue Code, we should look to its                       
               religious purposes and, particularly, the means by                     
               which its religious purposes are accomplished.  * * *                  
               At a minimum, a church includes a body of believers or                 
               communicants that assembles regularly in order to                      
               worship.  When bringing people together for worship is                 
               only an incidental part of the activities of a                         
               religious organization, those limited activities are                   
               insufficient to label the entire organization a church.                
               [Foundation of Human Understanding v. Commissioner, 88                 
               T.C. 1341, 1357 (1987) (Court reviewed); citations and                 
               internal quotation marks omitted.]                                     
          FOL had a far-ranging ministry that reached its members through             
          television and radio broadcasts, written publications, and                  






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