John E. Buras - Page 6

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          sole income was his Pension Plan payments and Social Security               
          benefits.  He did not receive this income as a minister but as a            
          direct result of his 30 years of employment with the Motion                 
          Picture Industry.  Petitioner’s Pension Plan payments and Social            
          Security benefits were based on past services and are expressly             
          includable in gross income.  See sec. 61(a)(11); sec. 1.61-11(a),           
          Income Tax Regs.  The income he received is not exempt from tax,            
          and petitioner is required to pay Federal income taxes on it.               
               Petitioner’s second argument appears to be that he was an              
          agent of his religious order and his Pension Plan payments and              
          Social Security benefits were remuneration directly to the                  
          principal, the order, and that, since charitable organizations              
          are not taxed, his retirement income is not taxable.  His                   
          testimony basically concluded that, because the church was not              
          taxed, and he was acting on behalf of the church by giving his              
          money to do the “work of the Lord”, then he likewise should not             
          be taxed.  The Court rejects that argument, which has no more               
          merit than petitioner’s first argument.                                     
               Respondent cited Fogarty v. United States, 780 F.2d 1005               
          (Fed. Cir. 1986).  In Fogarty, a Catholic priest contracted to              
          teach religion classes at a public university.  He taught for 2             
          years, and, during his tenure, the university deposited checks in           
          a checking account in the name of the church, an account on which           
          the priest was an authorized signatory.  Id. at 1007.  Under the            






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