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Church Law & Tax Report

January/February 1991
Articles with a Member Access Only are available only to members.

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Recent Developments

Issues that affect ministers and churches, with Richard R. Hammar
Counseling; Sexual Misconduct by Clergy, Lay Employees, and Volunteers

Sexual Misconduct of Counselors Member access only

A court ruled that a pastoral counseling center could be sued for a counselor's misconduct.
New York
Confidential and Privileged Communications

Privileged Communications Member access only

When does the clergy-penitent privilege apply?
Church Records

Amendment of Church Documents Member access only

A court ruled that a church's articles of incorporation could not be amended without the pastor's approval.
Employment Practices; Schools

Church Schools and the Minimum Wage Member access only

Court rules that church-run schools must pay the minimum wage.
Contracts; Employment Practices; Schools

Failure to Renew Contracts Member access only

Can a school be sued for failing to renew an administrator's contract?

Section 6050I of the Internal Revenue Code Member access only

The IRS recently issued a reminder to tax-exempt organizations.

Religion and Child Custody Member access only

What control do courts have over a child's religious upbringing?

Dismissed Member Sues Church Member access only

The First Amendment prevents courts from resolving such cases.

Child Care Licensing Member access only

A court ruled that requirements do not violate the First Amendment.

Self-Proclaimed Minister Claims Social Security Exemption Member access only

His claim was rejected by the Tax Court.
Wills, Trusts, and Estates

Invalidation of Charitable Gifts Made Prior to Death Member access only

A Florida law allowing heirs to challenge wills was recently repealed.
Church Property; Counseling; Zoning

Counseling Center's Request for Building Permit Denied Member access only

The services offered would not have been for "religious purposes" as required by zoning law.
Church Property

Designation of a Church as a Historical Landmark Member access only

This designation may violate churches' constitutional rights.