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Friday, December 3, 2004

IRS pounded for religious school tuition deduction



If the taxpayers prevail in a Los Angeles based trial, the flood gates might just fling wide open on the issue of deducting the tuition one pays to a religious school as a charitable donation.

Actually, this is one which comes up often - folks think the dough paid to their kids' religious school ought to qualify as some sort of charitable donation. But it's not that simple.

Seems that the Revenooers did make a deal, of sorts, with the Church of Scientology some years back - allowing patrons of that church to deduct the cost of certain of their training and "auditing," a term which describes a form of religious education in that church's jargon.

"The IRS has publicly called them a church and described training and auditing as deductible," notes Jeffrey Zuckerman, the attorney for Michael and Marla Sklar who are pressing the instant case. "That recognition should be extended to all religions, and it is discrimination not to."

The beef in the Sklar case is about some $3,000 in taxes which would be saved if the Sklars were permitted to deduct the approximate $15 grand in tuition for their children's religious education at an orthodox Jewish school in L.A.

Quoth Professor Evelyn Brody, a Chicago-Kent College of Law tax guru in a recent issue of The National Law Journal, "It's not clear that Michael and Marla Sklar will win, but if they do, it may well mean that millions of families will be able to deduct some portion of private religious school education."

Stay tuned.

And in case you California taxpayers out there missed this week's Franchise Tax Board's annual Taxpayers' Bill of Rights hearing, send your comments and proposals to change existing rules and recommendations for improvement to the FTB's Taxpayer Advocate, P.O. Box 157, Rancho Cordova, CA 95741-0157. It's never too late to let 'em hear your complaints.

And if you're anxiously awaiting some sort of missive from the California Board of Equalization, don't be misled by some official-looking chap who might show up on your door step claiming to have a "COD" delivery for you from the board. All he's really after is the $18.50 (fraudulent) delivery charge - the board never sends anything "COD," they report. If these crooks try to clip you on this one, report 'em to the Board's Internal Security and Audit Division, and don't pay one red cent.

CONSULT YOUR TAX ADVISOR Š This article contains general information about various tax matters. You should consult your CPA or other tax advisor concerning the implications to your own particular situation.

Mr. Quinn, the author of this article, is a shareholder in Ashley Quinn, CPAs and Consultants, Ltd., located at 937 Tahoe Boulevard, Incline Village. He may be reached at 831-7288, and welcomes comments at jquinn@ashleyquinncpas.com.






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