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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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