Church Law & Tax Report
March/April 2011
Feature Article

Avoiding Costly Tax-filing Mistakes 
Ministers often make these 20 errors—here's how to avoid them.
Articles
Tax Court Addresses Housing Allowances for Clergy with Two Homes 
Driscoll v. Commissioner, 135 T.C. No. 27 (2010)
Recent Developments
Issues that affect ministers and churches, with Richard R. Hammar
Defamation; Invasion of Privacy
Avoiding Defamation Lawsuits 
In some cases, even a true statement may be considered defamatory.
Pastor Permitted to Sue Church for Breach of Contract 
Have employment contracts reviewed by legal counsel to protect against liability.
Confidential and Privileged Communications
Keeping a Secret 
Counselee's disclosure of information to third party may waive the clergy-penitent privilege.
Confidential and Privileged Communications
Spouse's Presence May Not Nullify Clergy-Penitent Privilege 
A conversation may be protected even if a third party is present.
Defamation; Invasion of Privacy
Pastor Sues Former Church for Defamation 
Some courts will resolve certain employment disputes between churches and clergy.
Fraud
Adding Defendants to a Lawsuit 
Be sure to name all potential defendants in the lawsuit; you may not be able to amend it.
Clergy - Removal
Termination of a "Whistleblower" 
A court cannot intervene in the firing of a ministerial employee.
Q&A

Q&A: Can This Estate Gift Be Challenged by "Undue Influence"? 
Church leaders should never try to receive such a gift through "force, coercion, or over-persuasion."