IRS Proposes Deal to Ignore Johnson Amendment for Churches

Proposed consent judgment would prohibit enforcement of electioneering prohibition against two Texas churches

The Internal Revenue Service has joined with two Evangelical churches in Texas and the National Association of Religious Broadcasters in proposing a settlement of their litigation to overturn the so-called “Johnson Amendment” to the Tax Code that prohibits churches and other charities from endorsing or opposing candidates for public office.  (See Nonprofit Issues®, Vol. XXXIV, No. 4)

Nonprofit’s claim against treasurer not discharged in bankruptcy

The Yonkers Islamic Center in New York has been authorized to pursue an adversary claim in bankruptcy against its former treasurer for improperly spending funds of the Center. The Bankruptcy Court in Manhattan has held that the claim is for defalcation while acting in a fiduciary capacity, which is excepted from the general bankruptcy discharge provisions.

First Circuit denies stay of DOE injunction

The First Circuit Court of Appeals has denied a request to stay a preliminary injunction issued by the federal District Court in Massachusetts challenging a reduction in force of the U.S. Department of Education.  Twenty-one states, two school districts and five labor unions sued to stop the action for violation of constitutional separation of powers and the Administrative Procedures Act.

DC Court denies injunction to protect broadcasters

The federal District Court in the District of Columbia (Randolph D. Moss) has denied a preliminary injunction to invalidate the removal of directors of the Corporation for Public Broadcasting who had been removed by President Trump in April.  The Court has held that the plaintiffs failed to demonstrate that they are likely to prevail on the merits of their claim or are likely to suffer irreparable harm in the absence of preliminary relief.

Nonprofit interns certified for FLSA collective action

A group of unpaid interns for religious counselling nonprofits in Indiana has been allowed to proceed with a “collective action” seeking minimum wage and overtime pay from their employers under the Fair Labor Standards Act.  A federal District Court has rejected the employers’ claims that the internships were legitimate because the interns were the “primary beneficiaries” of the program.