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GAYLOR v. MNUCHIN

16-cv-215-bbc.

278 F.Supp.3d 1081 (2017)

Annie Laurie GAYLOR; Dan Barker; an Gaylor, personal representative of the estate of Anne Nicol Gaylor; and Freedom From Religion Foundation, Inc., Plaintiffs, v. Steve MNUCHIN, Secretary of the United States Department of Treasury; John Koskinen, Commissioner of the Internal Revenue Service; and the United States of America, Defendants, and Edward Peecher; Chicago Embassy Church; Patrick Malone; Holy Cross Anglican Church; and the Diocese of Chicago and Mid-America of the Russian Orthodox Church Outside of Russia, Intervenor-Defendants.

United States District Court, W.D. Wisconsin.

Signed October 6, 2017.

Editors Note
Applicable Law: 42 U.S.C. § 1981
Cause: 42 U.S.C. § 1981 Housing Discrimination
Nature of Suit: 440 Civil Rights: Other
Source: PACER

Attorney(s) appearing for the Case

Richard L. Bolton , Boardman & Clark LLP, Madison, WI, for Plaintiffs.

Richard Gerald Rose , Erin Healy Gallagher , Gregory Van Hoey , U.S. Department of Justice, Tax Division, Washington, DC, Richard Davis Humphrey , Leslie K. Herje , U.S. Attorney's Office, Madison, WI, for Defendants.

Hannah Clayson Smith , Daniel Dunkley Benson , Luke William Goodrich , The Becket Fund, Washington, DC, for Intervenor-Defendants.

OPINION AND ORDER

The question in this case is whether Congress may give a subset of religious employees an income tax exemption for which no one else qualifies. At issue is the constitutionality of 26 U.S.C. § 107(2), which excludes from the gross income of a "minister of the gospel" a "rental allowance...

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