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Housing Allowance Challenge Dismissed

Plaintiffs voluntarily dismissed their challenge

In the July/August 2011 edition of Church Law & Tax Report, we provided an update on a lawsuit brought by the Freedom from Religion Foundation ("FFRF") and several other plaintiffs in a federal district court in California challenging the constitutionality of the parsonage exclusion and housing allowance. We opined that this challenge may have been dealt a fatal blow as a result of a recent United States Supreme Court case. The high court ruled (5-4) that a group of Arizona taxpayers lacked "standing" to challenge the constitutionality of a state law that gave tax credits for contributions to "school tuition organizations" (STOs) that provided scholarships to students attending private schools, including religious schools. It noted that the courts have consistently ruled that standing cannot be based on a plaintiff's status as a federal taxpayer because ...

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Posted:
  • April 9, 2013

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