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Federal judge strikes down tax-free housing for clergy

Leaders of the Freedom From Religion Foundation, a nonprofit, requested the tax benefit. The IRS rejected their claim.

A federal judge in Wisconsin has struck down as unconstitutional a law that gives clergy tax-free housing allowances, a ruling that could have far-reaching ramifications for religious leaders who have fought for years to keep the substantial financial benefit.

Under the federal law passed in 1954, a “minister of the gospel” doesn’t pay in­come taxes on that part of a housing allowance designated as compensation. The Freedom From Religion Founda­tion, based in Madison, argued that the law discriminates against secular employees.

The benefit saves clergy, including religious leaders from traditions other than Christianity, $800 million a year in taxes, according to the latest estimate from the congressional Joint Committee on Taxation.