tax exempt

Pastors to Challenge IRS on Political Endorsements — and They'll Likely Win

LOS ANGELES — In a matter of days, some 1,400 American pastors are planning to break the law.

And they’re likely to get away with it.

As part of “Pulpit Freedom Sunday,” on Oct. 7, religious leaders across the country will endorse political candidates — an act that flies in the face of Internal Revenue Service rules about what tax-exempt organizations, such as churches, can and cannot do.

The IRS says tax-exempt organizations, or what they refer to as a 501(c)(3), are prohibited from participating in partisan campaigning for or against political candidates. Yet, despite what’s in the rules, the agency continues to struggle to do anything about those who defy the law.

Though the regulation has been in place since 1954, in 2009, the U.S. District Court of Minnesota ruled the IRS no longer had the appropriate staff to investigate places of worship after a reorganization changed who in the agency had the authority to launch investigations.

New procedures for conducting church audits have been pending since 2009, which has left the IRS virtually impotent in conducting any kind of new investigations. The IRS did not respond to questions seeking comment.