Subject: Could your religion excommunicate you or turn you over to the IRS due to your tax noncompliance? The IRS's secret deal with Scientology.
Date: 1998/01/06
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Members of religious faiths in the United States should be alarmed about
a secret deal between the IRS and a controversial "religious"
organization called Scientology. The deal calls into question the
separation of church and state and whether powers of the state are to be
used to effect religious decisions, or vice versa. Last week, the Wall
Street Journal disclosed the 76-page, 1993 agreement through which
Scientology benefited from a lucrative tax settlement and agreed to
enact internal changes within its organization.
One of these changes was the creation of an internal oversight committee
of high-level church officials to monitor the organizationÂ’s compliance
with tax laws and to report annually to the IRS for three years, a
seemingly appropriate action. However, the committeeÂ’s jurisdiction
quickly projected beyond monitoring ScientologyÂ’s organizational tax
compliance to monitoring the tax compliance of ScientologyÂ’s individual
constituents.
After Scientology concluded its deal with the IRS, it set in motion
numerous internal religious policy changes. Some of those changes were
recently uncovered by the Public Research Foundation in an official
Scientology document. This document, a "Scientology Policy Directive"
entitled "PERSONAL INCOME TAXES" written by an unidentified "Tax
Compliance Officer" for Scientology, requires ministers and staff of
every Scientology "church" and mission to enforce compliance to IRS
regulations on individual parishioners. In part, it says that a
Scientologist who fails to comply with all IRS regulations "will be
ineligible for Church services until the matter is rectified."
To put teeth into the enforcement, the church tax directive goes so far
as to threaten non-compliers with excommunication from their religion.
Ordering parishioners to abide by IRS edicts, the directive concludes,
"Who would want to risk his eternity for any amount of money?" When a
parishioner challenged the constitutionality of the church/state union,
high-level church official Lyman Spurlock responded by writing to the
parishioner, "Were I you, I would weigh... the IRS versus your future
for eternity. If you insist on your current course you will not ever be
eligible for training and processing [Scientology church services] and
that is very unfortunate for you." And unfortunate it was. That
parishioner was later expelled from the church when he wouldn't knuckle
under.
Meanwhile, some interesting information regarding Lyman Spurlock
recently came to light. Spurlock co-founded Scientology's most powerful
organization, a secretive corporation called the Church of Spiritual
Technology (CST). The Public Research Foundation recently exposed in a
press release entitled, "HIDDEN TIES BETWEEN IRS AND SCIENTOLOGY
REVEALED," that Spurlock's co-founder of CST is former Assistant to the
Commissioner of the IRS, Meade Emory.
Serious questions are being raised about what influence Emory might have
had in the secret 1993 IRS tax exemption deal for CST and the lesser
Scientology corporations. While Spurlock, who is a CPA, is also a
Scientologist, Emory and the other co-founders and special directors of
CST are not Scientologists, but are tax and probate attorneys.
Meade Emory was Assistant to IRS Commissioner Donald C. Alexander.
Before that, Emory was Legislation Counsel of the Joint Committee on
Taxation of the U.S. Congress. CST operates almost invisibly behind the
panoply of church corporations it controls, but exercises final
authority over every copyright and trademark that has any connection
with Scientology. Without CST's blessing, none of the junior
corporations could operate at all.
It is CST's corporate leverage over all of Scientology and over all
Scientologists that makes the unprecedented church tax directives
possible. Another Scientologist who was expelled due to those directives
said, "This is the greatest outrage against religious freedoms since the
American Revolution. If a church can use a parishioner's hope of
salvation to make him kneel down before a vicious government agency,
then the IRS can use ANY church to hound and threaten. Who's next for a
'Tax Compliance Officer?' The Baptists? The Catholics? Church and state
are one now. My church IS the IRS."
Said one tax-watcher, "This makes all Scientology organizations 'branch
offices' of the IRS, and every Scientology minister an agent of the IRS
-- there to enforce compliance under the threat of eternal damnation.
Why else would a church have a Tax Compliance Enforcement Officer? And
what happens if a Scientology penitent needs to confess to his minister
that he fudged somewhere on his taxes?"
What would make the leaders of this controversial religion willing to
become enforcement agents for the IRS? More about the secret deal in
part from a New York Times story.
As part of the 1993 settlement, Scientology paid $12.5 million to the
federal government. Scientology also agreed to drop the lawsuits it had
brought against the IRS and IRS officials, and to stop helping church
members in similar lawsuits - over 2,200 lawsuits in all. In exchange,
the tax agency agreed to stop its audits of 13 major Scientology
organizations, dismiss tax penalties and liens against church
organizations, and grant tax-exempt status to 114 Scientology-related
entities in the United States. David Miscavige, the church's highest
ecclesiastical leader, told a gathering of members in 1993 that the tax
bill could have been as much as $1 billion.
More details of the secret deal were revealed by Tax Analysts, a
nonprofit organization which publishes information relating to federal
and state tax laws. In its Tax Notes Today newsletter, Tax Analysts
documents that ScientologyÂ’s $12.5 million payment was intended to cover
the organization's payroll, income, and estate tax bills for an
undisclosed number of years before 1993. The IRS's Exempt Organizations
Technical Division had been "instructed not to review the exemption
applications filed by the Church of Scientology and its affiliates for
compliance with IRC 501(c)(3)."
The IRS canceled payroll taxes and penalties, as well as liens and
levies, which it had assessed against church entities and officials. It
also dropped its audits of the mother church, the Church of Scientology
International, and 12 other Scientology organizations. The Service also
agreed not to audit the church for any year before 1993 and dropped its
litigation in pursuit of church records.
The agreement, which was signed on October 1, 1993, represented a
mysterious reversal for the tax agency. For 25 years, the agency refused
to provide Scientology with the tax exemption given to bona fide
churches. The IRS contended that Scientology operated as a for-profit
business that enriched some church officials. And the IRS found that
Scientology had mounted an aggressive campaign against the revenue
service and individual agency officials. In fact, the FBI discovered in
a raid on Scientology's headquarters that Scientology had bugged IRS
meetings where Scientology tax status was discussed.
In a newer intimidation campaign first described last March in The New
York Times, private detectives dug into the backgrounds of IRS
personnel, and the church helped finance an organization of IRS
whistle-blowers. Former long-time members of Scientology believe that in
addition to the filing of 2,200 harassment suits on the IRS, Scientology
infiltrated the IRS and intimidated or bribed key IRS decision-makers.
Many believe that the scope of what was given away by the IRS to
Scientology, both in financial benefit and other special considerations,
is far beyond what has been given to any other religious group.
END
What you can do about dangerous intrusion of state powers into religion:
1. Forward this alert to all individuals and organizations that have an
interest in seeing that this secret IRS deal is reviewed.
2. Personally write the Commissioner of the IRS, Charles O. Rossotti,
and ask him to open an investigation into this secret agreement that
pierces the separation of church and state. E-mail the commissioner at
http://www.irs.gov/help/article/0,,id=97181,00.html [Be sure to address it
to him by name.]
3. Learn more about the issues:
For more information on Scientology's secret deal with the IRS, see
http://www.factnet.org/Scientology/dianetics.html
For more information on Scientology's controversial religious status,
see
http://www.factnet.org/Scientology/scirelg.htm
For more information on Scientology's history of intimidating critics
and adversaries into submission, see
http://www.factnet.org/Scientology/adversa.htm
The PUBLIC RESEARCH FOUNDATION may be contacted here:
HCR 38, BOX 66
LAS VEGAS, NEVADA 89124
PHONE: 702-873-2343
FAX: 702-873-2115
E-MAIL: prf@mailcity.com