My reply to pastor teaching on Matthew 16.18 and Ephesians 1.22 thereafter questioned by accountant about church non-taxable status and the First Amendment

Charity Baptist Tabernacle “Churches Under Christ Ministry”
Jerald Finney
Copyright © January 14, 2019

CONTENTS:
1. THE PASTOR’S E-MAIL
2. MY REPLY

 1. THE PASTOR’S E-MAIL

Hello Brother Finney,

I have been preaching/teaching on Mt. 16:18 and Eph. 1:22 for the last two weeks. After the service one gentleman (who is an accountant) asked me to show him where in the First Amendment it says that churches are non-taxable.

Just checking with you if I answered him correctly. The phrase, “Congress shall make no law respecting an establishment of religion OR PROHIBITING THE FREE EXERCISE THEREOF….”  Would not taxing the church fall under, “…prohibiting the free exercise thereof…”?

Thanks for the 15 page article it was very helpful, also the one about Sovereignty.

And to your question, yes our church would like to be one of your “Lighthouse Churches”.

Keeping the Faith,
Brother ________________ for
________________________

 2. MY REPLY

Dear Brother ____________________,

What a blessing to hear that you are teaching these matters. By so doing, you are already a “lighthouse church.” I hope to set up some online conferences for pastors and churches who are fighting this battle for Christ’s churches. I will let you know when we get that going. Keep up the good work and let us keep in contact.

The only way a church, an individual, or a business can become taxable is for Congress to pass a law taxing them. For Congress to pass a law taxing churches is forbidden by the First Amendment. You correctly pointed out to the accountant that for Congress to tax a church would violate the First Amendment free exercise clause. It would also violate the First Amendment establishment clause because taxing churches would require a law made by Congress which would control churches, a law respecting an establishment of religion.

It does not violate the First Amendment for civil government to tax individuals and businesses. Only churches and religions have First Amendment protections. Of course, due to the 501(c)(3) and 508 laws made by Congress in 1954, churches can choose to place themselves under federal government controls by becoming tax exempt as opposed to non-taxable. First Amendment churches are non-taxable. 501(c)(3) and 508 churches are tax exempt. When a church freely applies for 501(c)(3) status or claims 508 status, that church becomes tax exempt, not non-taxable. Tax exempt status places another authority over a church other than the Lord Jesus Christ; and certain rules enforceable by the Internal Revenue Service come with that status. First Amendment non-taxable status gives churches protection from federal government intervention in any way, unless the church has chosen to become a legal entity by applying for state non-profit corporation status or has made herself a legal entity by some other action.

I believe 501(c)(3) and 508 are unconstitutional as applied to churches in that they violate the First Amendment religion clause: “Congress shall make no law respecting an establishment of religion or preventing the free exercise thereof.” 501(c)(3) or 508 status for churches respects an establishment of religion and prevents the free exercise thereof. Yet most churches, not being churches of Christ or churches under Christ, freely embrace 501(c)(3) and 508 status, thereby betraying their first love.

The accountant, like almost all attorneys, including myself until 2005, never knew the true history of the First Amendment. I had studied a Christian revisionist history of the First Amendment. The real history of the First Amendment makes very very clear that the First Amendment was meant to separate church and state and, in so doing, it was meant, among other things, to prevent the federal government from taxing churches and/or using tax money to support any religion or church.

In addition, the United States Supreme Court, although wrong about removing God from civil government matters, was right to declare that the First Amendment has erected a high and impregnable wall between church and state, a wall that was meant to keep church and the federal government completely separate:

  • “The constitutional inhibition of legislation on the subject of religion has a double aspect. On the one hand it forestalls compulsion by law of the acceptance of any creed or the practice of any form of worship…. On the other hand, it safeguards the free exercise of the chosen form of religion…. The interrelation of the ‘establishment’ and ‘free exercise’ clauses [according to the United States Supreme Court] has been well summarized as follows: ‘The structure of our government has, for the preservation of civil liberty, rescued the temporal institutions from religious interference. On the other hand, it has secured religious liberty from the invasion of the civil authority.’” Donald T. Kramer, J.D. Annotation: Supreme Court Cases Involving Establishment and Freedom of Religion Clauses of Federal Constitution, 37 L. Ed. 2d 1147 § 2 citing Everson v. Board of Education, 330 U.S. 1, 91 L. Ed. 711, 67 S. Ct. 504, 168 A.L.R. 1392 (1947), reh’g denied 330 U.S. 855, 91 L. Ed. 1297, 67 S. Ct. 962. For a full discussion of Everson and the removal of God from practically all civil government affairs, see Section V of God Betrayed.

In the words of Jefferson, the clause against establishment of religion by law was intended to erect ‘a wall of separation between Church and State.’” McCollum v. Board of Education, 333 U.S. 203, 210-211 (1948). Jefferson, contrary to the assertions of Christian revisionists, clearly believed in a secular state and separation of church and state.

Separation of church and state does not equate to separation of God and state. It does not mean that civil government should keep God out of civil government. God ordained civil government in order for man to have direct control over certain matters: the protection of life, liberty, and property. God desires every individual, family, civil, and church government to choose to recognize Him and to operate within the jurisdictional boundaries He set out in His Word. He also desires total separation of church and state. See Part I of God Betrayed for explanation.

I would also suggest that you refer the accountant to the Law Review Articles linked to on the following webpage: LAW REVIEW ARTICLES: 501(C)(3), 1ST AMENDMENT HISTORY, ETC.

May the Lord continue to richly bless you and and this Churches Under Christ Ministry as we go forward for His Glory.

Brother Jerald Finney

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