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View Diary: Fed Court: Ministers now have to pay income tax on their "free housing" (323 comments)

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  •  Don't be 100% sure (6+ / 0-)

    From the ruling:

    Even Justice Scalia in his dissent in Texas Monthly stated that § 107 is a "tax exemptio[n] of the type the Court invalidates today." Texas Monthly 489 U.S. at 33 (Scalia, J., dissenting)

    Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves. - William Pitt

    by Phoenix Rising on Fri Nov 22, 2013 at 06:33:35 PM PST

    [ Parent ]

    •  that was from a dissent in which Scalia (5+ / 0-)

      said that religion should be given special tax ponies.

    •  I'm certainly not 100% sure, by any means, (2+ / 0-)

      but johnny brings up a very interesting issue of the standing of the plaintiffs, as well as other divisive legal issues.

      "let's talk about that"

      by VClib on Fri Nov 22, 2013 at 07:20:54 PM PST

      [ Parent ]

      •  on reading the opinion (quickly) it looked (2+ / 0-)
        Recommended by:
        Phoenix Rising, VClib

        like the judge addressed standing pretty nicely.  I'm no civil procedure guru, lord knows, but it seemed persuasive to me.

      •  The ruling spends a lot of time on it (4+ / 0-)
        Recommended by:
        wader, johnny wurster, offgrid, Tonedevil

        The government tried to get things dismissed based on a lack of standing - and it commingled some arguments on the merits trying to get them read in as standing arguments, too.

        The judge did a really good job of going through all of the standing arguments - even the ones that weren't really standing arguments.

        And I think the ruling also does a good job of teasing out the root of the complaint, and provides a multi-pronged analysis that should stand up to some scrutiny at the appeals level.

        The one shortcut I see in this proceeding - one the judge calls out and cites references for - is that this is a summary judgement. No trial was called, because no material facts were in dispute and both sides indicated that their trial briefs contained all the arguments needed to decide the case.

        Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves. - William Pitt

        by Phoenix Rising on Fri Nov 22, 2013 at 07:42:18 PM PST

        [ Parent ]

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