- 5 - 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 thePage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011