Transcript of Record — Riker v. Commissioner (No. 261)

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Text

R611

No. 15072

—_——— ———— x ey

Gnited States

Court of Appeals

for the Rinth Circuit x

PEGGY LOU RIKER and FREDA H. GRASS-

MEE, ~

£ vs.

COMMISSIONER OF INTERNAL REVENUE,

Petitioners,

Respondent.

Transcript of Record

Petition to Review a Decision of the Tax Court

of the United States

ri. &

‘ Philtips & Yor Orden Ce., 870 Brennan Street, Sen Prendhee, i"s-

PAUL P. O’BRIEN, CLERK

~-

_No. 15072

Bnited States

Court of Appeals

for the Ninth Circuit

PEGGY LOU RIKER and FREDA H. GRASS-

MEE,

Petitioners, |

Vs.

i aan fae Oe ee Pa

Respondent.

a

Transcript of Record

nee

Petition to Review a Decision of the Tax Court

of the United States

Phillips & Van Orden Co., 870 Brannan Street, San Francisco, Colif.-6-22-56

INDEX

[Clerk’s Note: When deemed likely to be of an important nature,

errors of doubtful matters appearing in the original certified record

are printed literally in italic; and, likewise, cancelled matter appear-

ing in the original certified record is printed and cancelled herein .

accordingly. When possible, an omission from the text is indicated by |

printing in italic the two words between which the omission seems

to occur. }

PAGE

Amended Petition, Na: 40078..........%.....: _ 68

_ Affidavit in Support of.............+---. 74

Ainendent to Answer, No. 46979.....:....... 77

Answer, No. 46979.......... ere as 11

Answer to Amended Petition, No. 46978....... 76

ere ee eee eer Te eee ee eee 1

GS ee eee 159

Decision, No. 46978................. ae 96

Theetebom, No. SORTS. : .. 25.0 fee cee eee YT

Docket Entries, No. 46978........45.....-.-6. 3

Docket Entries, No. 46979...-........... vio. ©

Memorandum Es A nea ered oreo 79

Petition, No. 46978........... Sn ee “13

Ex. A—Letter and Notice of Deficiency... 17

B—Constitution of Christ’s Church of

the Golden Rule................ 20

Petition, No. 46979 ........ ie ee ee

Petition for Review....... Te a (rea een ee ee 98

Ne eee eT eee eee 161.

INDEX PAGE

Transcript of Proceedings.................. 10]

Witnesses: |

Grassmee, Freda H. ;

ANE 0 cided oh oa whence ened 139

| U—@MOSB ......... Torreee. caavhene 142

Huff, Marian T.

—direct ........... err eer

SS oe ee rrr 135

ae ee ee 136

Riker, Peggy Lou

——GTOCE «2 econ Veen , 148

a, Ranney Ee arn eee 153

APPEARANCES

For Petitioner:

HOWARD B. CRITTENDEN, JR., ESQ.

For Respondent:

LEONARD L. MARCUSSEN, ESQ.;

T. M. MATHER, ESQ.;

ROBERT C. WHITLEY, ESQ.

| Commissioner of Internal Revenue - 3

In the Tax Court of the United States

Docket No. 46,978 ae

PEGGY LOU. RIKER, ;

} Petitioner,

| vs. .

COMMISSIONER OF INTERNAL REVENUE,

Respondent.

DOCKET ENTRIES

1953

Feb. 19—Petition received .and filed. Taxpayer

notified. Fee paid.

Feb. 19—Copy of Petition served on General Coun-

sel. 3 atl

Feb. 19—Request for -Circuit hearing in San

Francisco, filed by taxpayer. 3/11/53—

Granted. ie

Apr. 16—Answer filed by General Counsel.

Apr. 20—Copy of answer served on taxpayer—Sca

Francisco, Calif.

1954 :

Feb. 17—Hearing set May 24, 1954—San Fran-

cisco, Calif.

May 25—Hearing had before Judge Van Fossan on

Petitioner’s oraland written motions to

continue, Granted, and on joint motion to

consolidate Dockets 46,977 te 46,979, incl.

—Granted. Order, proceeding continued

generally on San Francisco calendar.

Written motion for continuance, filed at

hearing. Copy served on Respondent.

‘

.

4 | Peggy Lou Riker, et al., vs.

1954. :

June 15—Transcript of Hearing 5/25/54 filed.

July 13—Hearing set Nov. 1, 1954, San Francisco,

Calif. as

Oct. 25—Motion for leave to file amended petition,

amended petition lo@red, filed by tax-

payer.

Oct. 26—Hearing set 11/1/54, San ‘Francisco,

Calif., on petitioner's motion of 10/25/54.

Oct..26—Copy of motion, amended petition and

notice of hearing served on General Coun-

sel

- Nov. 2—Hearing had before Judge Tietjens on the

merits. Order, Motion to amend petition;

Granted. Amended petition filed; served.

Answer to amended petition, filed at hear-

ing; served simultaneous. Original briefs,

60 days. Reply, 30 days thereafter.

Nov. 9—Copy of motion and amended petition

__- served on General Counsel.

- Ney. 23—Transeript of hearing. 11/2/54 filed.

1955 |

Jan. 3—Motion for extension to Feb. 2, 1955, to

file brief, filed by General Counsel. 1/4/95

—Granted. .

Jan. 4 Motion for extension of 30 days to file —

brief filed by taxpayer. 1/6/55—Granted.

Jan. 28—Brief filed by General Counsel.

Feb. 7—Brief filed by taxpayer. Copy served.

Mar. 25—Reply Brief filed by taxpayer. Copy

served.

: . ©

Commissioner of Internal Revenite i)

1955. .

Apr. 14—Order that petitioner on or before May 25,

1955, file a proposed statement of facts in

accordance with Rule 35(e) of the Rule

of Practice, entered.

May 24—Motion for extension of time of 2 weeks

to file statement of facts, filed ‘by tax-

payer. 5/257/55—Granted.

June 7—Statement of Fact filed by taxpayer.

—. 6/8/55—Copy setved. —

Aug. 11—Memorandum findings of fact and opinion

filed, Judge Tietjens. Decision will be

entered under Rule 50. Copy served

8/11/55. |

Nov. 7—Computation for entry of decision filed

by Respondent.

Nov. 10—Hearing set 12/14/55, Washington, D.C.,

on Réspondent’s computation.

Dec. 14—Hearing had. before Judge Arundell, on

settlement. Ordered. Referred to Judge

Tietjens.

Dec. 15—--Decision entered, Judge Tietjens, Div. 1.

1956

Jan. 16—Petition for review by U.S. Court of

Appeals for the Ninth Circuit filed by

petitioner. Proof of service by mail at-

tached. |

Jan. 16—Designation of contents of Record on

Review, with proof of service by mail

thereon, filed by petitioner.

wee

6 Peggy Lou Riker, et al., vs.

Ini the Tax Court of the United States

Docket No. 46,979

FREDA H. GRASSMEE,

Petitioner,

| Vs.

COMMISSIONER OF INTERNAL REVENUE,

Respondent.

DOCKET ENTRIES

1953. | .

Feb. 19—Petition received and filed. Taxpayer

notified. Fee paid.

Feb; 19—Copy of petition served on General Coun-

th,

Feb. 19—Request for Circuit hearing in San Fran-

| cisco, Calif., filed by taxpayer. 3/11/53—

Granted.

Apr. 16—Answer filed by General Counsel.

Apr. 20—Copy of answer serv ed on taxpayer, San

Francisco, Calif. .

1954

Feb, .17—Hearing set May 24, 1954, San Francisco,

Calif. | |

May 25—Hearing had before. Judge Van Fossan

on petitioner’s oral and written motions

for continuance, granted ; and on joint

motion to consolidate Dockets 46,977 to

46,979, incl., granted. Order, proceeding

' continued generally on the San Francisco

ealendar. Written motion for continuance

filed at hearing. Copy served on respond-

ent.

Commissioner of Internal Revenue 7

1954

June 15—Transcript of Hearing 5/25/54 filed.

July 13—Hearing set Nov. 1, 1954, San Francisco,

Calif.

Sept. 8—Motion for leave to file amendment to an-

swer; amendent to answer lodged; filed

by General Counsel. 9/9/54—Granted.

Sept.10—Copy of motion and amendment to answer

_ served on taxpayer. .

Nov. 2—Hearing had before Judge. Tietjens on the

merits. Simultaneous. Original briefs, 60

days; Reply briefs, 30 days thereafter.

‘Nov. 23—Transcript of oe 11/2/55 filed.

1955 .

Jan. 3—Motion for extension to Feb. 2, 1955, to

file brief, filed by General Counsel. 1/4/55

—Granted.

Jan. 4—Motion for extension of 30 days to file

brief by taxpayer. 1/6/55—Granted.

Jan. 28—Brief filed by General Counsel...’

Feb. 7—Brief filed by Taxpayer. Copy served.

Mar.25—Reply Brief filed by Taxpayer. Copy

_ served.

Apr. 14—Order, that petitioner on or before May

25, 1955, file a proposed statement of facts

in accordance with Rule 35(e) of the

Rules of Practicé, entered.

May 24—Motion for extension of time of 2 weeks

to file statement of facts, filed by tax-

payer. 5/25/55—Granted. |

8 Peggy Lou Riker, et al., US

1955

June 7—Statement of Fact filed by taxpayer.

6/8/55—Copy served.

Aue. 11—Memorandum findings of fact and opinion

filed. Judge Tietjens. Decision will be

entered under” Rule 50. Copy served

8/11/5

Nov. Rp caine for entry of decision filed

by Respondent. .

Nov. 10—Hearing set 12/14/55, W ashington, D.C,

on Réspondent’s computation.

Dec: 14-—Hearing had before Judge Arundell, on

settlement. Ordered—Referred to Judge

Tietjens.

Dec, 15—Decision entered, Judge Tietjens, Div. 1

1956:

Jan. 16—Petition for Review by U.S. Court of

Appeals for the Ninth Circuit filed by

petitioner, Proof of Service by Mail at-

tached.

Jan. 16—Designation of Contents of Record on

Review with proof of Service by Mail

thereon, filed by petitioner.

[Title of Tax Court and Cause.)

Docket No. 46,979

PETITION

Now comes your petitioner, Freda H. Grassmee,

and petitions the above-entitled Court for redeter-

mination of tax by. the respondent Coramissioner,

and for grounds shows:

Commissioner of Internal Revenue 9

Bs

That by registered United States mail the Re-

spondent Commissioner of Internal Revenue sent

to your petitioner, Freda H. Grassmee, a letter

dated November 25, 1952, together with a ‘‘state-

ment,”? a Gopy of which is attached hereto marked

“Exhibit A” and made a part hereof by reference,

and incorporated herein as if herein set forth at

length. That said letter by its terms undertakes to

state that said Respondent Commissioner has deter-

mined your petitioner's Income tax Hability to be a

~ . defiereney of $176.53 and to assess the same as tax.

Il.

That said $176.53 cleimed deficieney for tax ts

claimed for personal income tax for the ealendar

vears of 1948 and 1949; that vour petitioner’s re-

turns for each of said years was duly and-recularly

filed with the Collector of Internal Revenue at San

Francisco. That in. said years vour petitioner's

residence was and is San Francisco, California.

That the entire amount of said proposed and

elanned deficiency of $176.53, with interest, is in

dispute and the subject of controversy.

IT1. .

That the Respondent Commissioner erred:

(1) In treating the gifts of Petitioner . to

Christ’ Chureh of the Golden Rule, for religious

purposes exelusively, as not a proper deduction in

either the vears 1948 or 1949, in any sum at all.

|

'

|

10 Peggy Lou Riker, et al., vs.

ee.

That the.statement of facts upon which Peti-

tioner relies are: ;

(1) That at all times herein mentioned, and

during the entire calendar years of 1948 and 1949

Christ's Church of the Golden Rule was and is a.

church and religious society and its principal tem-

poral ageney under its Church Fonstitution and

Canon Laws was the Elected Delegates Committee

of the Ecclesiastical Society of Christ's Church of *

the Golden Rule. That attached hereto marked

Exhibit B and incorporated herein by reference is

said Church Constitution and Caron Laws then and .

now in effect: That said Committee was and is

the temporal agency of said Church and religious

society, and held all property under said Church

Constitution and Canon Laws under a trust there-

for for use exclusively for religious purposes; and

no part of the income inured to the benefit of any

person, individual nor private shareholder (there

heing no shareholders of any kind) and no part of

its funds or property could be used for carrying

on propaganda or otherwise-attempting to influence

legislation. Thaf said Church and its said temporal

agency. Was and is organized solely and exclusively

for said religious purposes and are organizations

within the provisions of Section 10, subdivision 6,

Internal Revenue Code.

(2) That in each of said calendar years, peti

tioner gave all her earnings from her employment

to said Chureh for religious purposes by express

Commissioner of Internal Revenue 11

donations to said temporal agency for religious pur-

poses only.

Wherefore your petitioner, Freda H. Grassmee,

prays that the above-entitled Court set the above

matter for hearing in the City and County of San

Francisco, State of California, that a trial be had

thereon in said City, that a redetermination be had

“upon said proposed deficiency and said assessment,

that said Church and its said temniporal agency be

held to be an organization within See, 101, sub-

division 6, during the calendar years of 1948 and

1949, that 15% of vour petitioner’s personal earn-

ings be allowed as a proper decuction, and gifts te

that extent in each calendar year be allowed as

proper deductions as gifts te religions purposes,

and for such other and farther or other or further

relief, deerees, judgments and or orders as shall he

just and equitable in the premises,

< HOWARD B. CRITTENDEN, TR.

Attorney for Petitioner.

Duly verified.

Reeeived and filed February 19, 1993. TLCLULS.

Served February 19, 1953.

[Tith: of Tax Court and Cause.)

J deoocket No. W).0754

ANSWER

Comes now the Commissioner of Tnternal Rev-

ene, respondent above named. by his atterney,

>

12 Péggy Lou Riker, et al:, vs.

Charles W. Davis, Chief Counsel, Bureau of Tnter-

nal Revenue, and for answer. to the petition filed

by the above-named petitioner, admits and denies

as follows:

| I.

Admits the allegations contained in paragraph I

except denies that the deficiency has been assessed.

: Il. ,

Admits the allegations contained in paragraph II

except denies that petitioner’s returns for each of

‘said years were duly and regularly filed.

WT

Denies the allegations of error contained in para-

graph IIT of the petition.

IV.

(1) and (2.) Denies the allegations contained in

subparagraphs (1) and (2) of paragraph IV of the

f Vv.

Denies generally and specifically each and every

petition.

allegation contained in the petition not hereinbefore

admitted, qualified or denied.

- Wherefore, it is prayed that the Commissioner's

determination be approved and that the petitioner's

appeal be demied.

</ CHARLES W. DAVTS, °

Chief Counsel, Bureau of

Internal Revenue.

‘ Commissioner of Internal Revenue 13

Of Counsel:

B. H. NEBLETT,

District Counsel ;

T. M. MATHER,

LEONARD ALLEN

MARCUSSEN,

Special Attorneys, Bureau

of Internal Revenue. |

.

Filed April 16, 1953, T.C.U.S.

[Title of Tax Court and Cause.]

Docket No. 46978

PETITION

Now comes vour petitioner, Peggy Lou Riker,

and petitions the above-entitled Court to redeter-

mine the alleged assessment and claimed determina-

tion of tax by the Respondent Commissioner against

your petitioner, and for grounds shows: .

S

That the Respondent Commissioner by letter

dated November 25, 1952, sent by United States

registered mail to vour petitioner Peggy Lou Riker .

advising vour petitioner that tax in the sum of 1.

584.03 was being assessed and was determined as a

deficiency against vour petitioner. That a copy of

14 | Peggy Low Riker, et al., vs. —

said letter together with attached ‘‘statement”’ is at-

tached hereto marked “Exhibit A’? and = incor-

porated herein by reference.

II.

That the said $1,584.03 is claimed as deficiency

and assessed for the vear 1948, ending September

30, 1948, for personal income taxes of your peti-

tioner. That said return was duly and regularly filed

with the Collector at San Francisco, Califoriia.

That the amount of tax in controversy is $420.

i) °

That the Commissioner erred:

(1) In refusing vour petitioner any deductions

for gifts made .to Christ’s Church of The Golden

Rule, an exempt organization under See. 101(6) in

any sum or at all.

° . . . s

(2) That rneome ot petitioner from all SsOUrces

during said accounting period was the sum of $s,

595.11 and not *9,713.89.

(3) That the Commissioner disallowed the ex-

pense ef $168.61 for property and sales tax as a

proper deduction.

, i.

That the faets upon which veur petitioner rely

are:

(1). That during the entire period of time in-

volved in the return, and during 1948 and at al!

Commissioner of Internal Revenue 15

F ;

times herein mentioned Christ’s Church of The

Golden Rule was and» is a Church and religious

society and its principal temporal agency was and

is the Elected Delegates Committee of the Ecclesi-

astical Soeiety of Christ's Church The Golde~ Rule,

which committee held all money and property in

trust and was organized to act for the eéclesiastical

organization for religious purposes pursuant to the

Church Constitution and Canon Laws, a copy of

which is attached hereto marked Exhibit B and in-

eorporated herein by. reference. That said Church

is and was an exempt organization and within the

provisions of Section 101(6) and all money and

property were and are held for religious purposes

only and no part inures nor inured to the benefit

of any person, individual or private shareholder,

now Was nor is any part used or usable for propa-

ganda or to otherwise influence legislation.

(2)° That: vour petitioner made gifts of her in-

eome during the period covered by her rettrn, to wit

the taxable vear ending September 30, 1948, in the

sum of $8,959.11 to said Chnureh for religious pur-

poses onky under said Chureh Constitution | and

Canon Laws, to said Church's said temporal agency.

the said Eleeted Delegates Committee of the Ee-

clesiastical Society of Chmrist’s Church of The

Golden Rule.

(3) ~That vour petitioner’s total ineome during

said period was $8,959.11 and no more, and. not the

sum of $9,713.89.

~~

16 Peggy Lou Riker, et al., Us.

(4) That your petitioner expended during said

year, the sum of $168.61 as and for property and

sales taxes which are a proper deduction in com-

puting income for tax purposes.

Wherefore yeur petitioner Peggy Lou Riker

prays that the above-entitled Court redetermine the

deticiency assessed and determined against her as

aforesaid: that a trial be had thereon in the City &

County of San Francisco; that the donations to said

Church be properly allowed as deductions for

religous purposes, that said property and sales

taxes be allowed as proper deductions, and that the

Court determine her income not to exceed the said

sum of $8,959.11 as aforesaid; and for stich other

and further or other or further relief. decrees

and/or judgments as shall he just and equitable in

the, premises. ,

v</ HOWARD B. CRITTENDEN, JR.

Attorney for Petitioner.

Duly Veritied.

Commissioner of Internal Revenue 17

EXHIBIT A

Form 1230-A (1951)

Internal Revenue Service

TRA :90-D:HM

U. S. Treasury Department

Office of Internal Revenue Agent in Charge

74 New Montgomery Street

San Francisco 5, California

Nov. 25, 1952.

Mrs. Peggy Lou Riker,

Post Office Box 3652 Rineon Annex,

San Francisco 19, California.

Dear Mrs. Riker: ; ’

You are advised that the determination of your

income tax liability for the taxable vear(s) ended

December 31, 1948, discloses ai deticieney of ¥1.-

584.02 as shown in the statement attached,

In accordance with the provisions of existing in-

ternal revenue laws, notice is hereby given of the

. 2 ie . . . Fe !

deticieney or deficiencies mentioned,

Within 90 days from the date qf the mailing of

this letter von may file a petition with The Tax

Court of the United States, at its principal address,

Washington 4D. C2. for a redetermination of the

deticleney, Tn counting the 90 days vou may not ex-

chide any’ day unless the 90th day is a Saturday.

Sunday. or legal holiday in the Distriet of Colum

hic, in whieh evemt that dav is net eaunted as the

‘wth dav. Otherwise Saturdas s. Sundavs and legal

-18 Peggy Lou Riker, et al., vs.

holidays are to be counted in computing the 90-day

period. . a

Should you not desire to file a petition, you are

requested to execute the enclosed form and for-

ward it to this office for the attention of IRA:90-D.

The signing and filing of this form will expedite the

closing of your return(s) by permitting an early

assessment of the deficiency or deficiencies, and will

prevent the accumulation of interest. since the in-

terest period terminates 30 days after receipt of the

form, or on the date of assessment, or on the date

of payment, whichever is earlier.

‘

Very truly vours,

JOHN 8. GRAHAM,

Acting Commissioner.

By HENRY J. BRU,

Acting Internal Revenue

Agent in Charge.

Enelosures:

Statement,

Form 1276,

Agreement Form.

Statement

San Francisco :

IRA :90-D -HM

Mrs. Peggy Lou Riker

Post Office Box 3652 Rineon Annex

San Franciseo 19, California

Tax Liability for the Taxable Year Ended

December 31, 1948

- Deficiency

Income Tax .... ag Lee

In making this determination of vour ineome tax liability, it

is noted that you did not avail vourself of the privilege of filing

a protest.

°

Commissioner of Internal Revenuc 19

A copy of this letter and statement has been mailed to your

representative, Mr. Howard B. Crittenden, Jr.. Central Tower,

703 Market Street, San Francisco 3, California, in accordance.

with the authority contained in the power of attorney executed

by you and on file in this office.

Adjustments to Net Income

Net income as disclosed by return.........-...- ¢ 586.17

Unallowable deductions and additional in-

come : . 2

(a) Contributions ...................----..$ 8,959.11

i ee 168.61 9,127.72

Adjusted gross income as corrected............ $ 9,713.89

Less :

(ce) Standard deduction —................- 971.39

Net income as adjusted... Seellonae $ 8,742.50

Explanation of Adjustments

(a) It is held that contributions in the amount of $8,959.11

made to Christ's Church of the Golden Rule are not allowable

deductions in computing your taxable‘net income.

(b) Due to the fact that the standard deduction has been

allowed, the deduction claimed for taxes in the amount of

$168.61 has been included in computing your adjusted gross

income.

(c) The standard deduction of $971.39 is allowed represent-

ing 10% of $9,713.89, your adjusted gross income as corrected,

Computation of Income gax

a ictaicnnninaneniecamnslh eae

Less 2 exemptions at $600.00 each. ......... 1,200.00

Normal tax and surtax net income..........% 7,542.50

Tentative tax 0.000... . fee # 1829 76

Less: 17% on $ Fe ARE REE 68.00

12% on $1,422.76.............-00--000-00- OBS 170.73 238.73

Correet income tax liability... ........-. € 1,584.03

Income tax disclosed by return

Original, Aecount No. 7832608 .

First California District ................-..- 0.00.

Deficiency in income tax. CELI) € 1584.03

20 | Peggy Lou Rtker, et al., vs.

EXHIBIT B

Certified Copy

Constitution of

Christ’s Church of The Golden Rule

We, the members of the ecclesiastical society of

Christ’s Church of The Golden Rule, do hereby

ordain and. establish this Constitution for the

* Church. -

Article I.

| Declaration of Faith

We deem it proper to state herein some of the

basic doctrines and principles upon which Christ’s

Church of The Golden Rule is founded, and the

following declaration expresses, substantially, what

we believe:

1, Of The True God:

We believe that there is but one living and true

Father-Mother God; omnipotent, omniscient, and

omnipresent; the Creator and Preserver of all

things both visible and invisible; the Supreme

Ruler of the Universe, wholly worthy of honor, con-

fidence and love—in whom we live, move, and have

our being. |

2. Of Christ Jesus:

We believe that Jesus of Nazareth was inexpress-

iblvy wise, gentle and holy; that he came to earth

to reveal God to all men, and to exemplify by his

e

Commissioner of Internal Revenue 21

actions and teachings all of the virtues and good-

ness of a perfect man; that by his life, crucifixion,

death, resurrection and ascension he became the

Way-shower to all who believe in his teachings;

but that the Christ (Truth) existed even before

Abraham was, and has always been co-existent with

God * * * the man Jesus we believe to have been

the highest exemplification of the Christ (Truth)

to have evolved from the race of men—hence our

acceptance of him as our Way-shower.

3. Of the Holy Seriptures:

“We believe that the original basic teachings of the

Holy Bible wefe written by men moved by the Mind

or Spirit that is God; that it contains all directions

necessary to salvation; that it reveals the principles

by which we shall live and he judged; that it is, and

wi) forever remain the basis of ‘hristian fellowship

and the most perfect standard by which human con-

duct shall be tried.

-4 Of Salvation Through Repentance and Regen-

eration: |

We believe that to be saved from the consequences

of any kind of wrong doing, we must truly repent

thereof and correct our errors; that to be. regen-

erated we must respond freely to the influence and

power of the Mind that is God—the Mind that was

in Christ Jesus; and that the evidence of regenera-

tion shall appear as a more Christ-like life.

22 Peggy Low Riker, et al., vs.

~-

5. Of True Réligion:

We believe that the essence of true religion is to

learn to love God with all of one’s heart and the

art of doing unto others as we would have others

do unto us; that we must serve, rather: than be

served; that the strong must help the so-called weak,

so that none may suffer; and that in all things we

should seek the perfect will of God, and the good

of all men. — :

6. Of the Economy of. the Chureh:

We believe that economic equality is the only en-

during foundation upon which to build industrial,

business, political, national and international rela-

tionships; and that to insure such equality the

property and earnings of the individual members _

of the Chureh should be owned and managed by the

Church for the benefit of all mankind in accordance

with the rules and regulations of the ecclesiastical

society of this Church, that God may be glorified

and all mankind directly or indirectly benefited.

Article IT.

Church Organization

There is hereby ereated an organization for mat-

ters ecclesiastical, which shall have power: to adopt.

anodify and interpret the creeds, activities, doctrines

and teachings of the Church; to establish, amend

and. interpret the canon law of the Church; to

ereate, appoint, discipline and, if necessary, remove

officers of the Chureh and its various affiliates and

avencies: to test. pass upon, select and discipline

.

Commissioner of Internal Revenue 23

members of the various classes, associates, ¢co-

workers and affiliates of the Church, to determine

the various classes of membership, associates, co-

workers and affiliates of the Chureh; to provide for

ordination and select those qualified for ordination:

to provide for the sacraments and determine who

shall give and who shall take the sacraments: to

establish ecclesiastical courts, and define the juris-

‘diction and powers thereof; to appoint the mem-

bers of such courts and provide for their procedure,

and for the review and carrying out of the judg-

ments and sentences thereof; and to do any and all

other things deemed’ necessary and proper for

earrying on the ecclesiastical work of the Church.

Article ITI.

The Senior Elder

There is hereby created the office of Senior Elder

of Christ’s Church of The Golden Rule.

The Senior Elder, during his tenure. of office,

shall be the Ecclesiastical Head of the Church, and,

except as otherwise provided in this constitution,

shall have and exercise all of the powers pertaining

to the ecclesiastical government of the Chureh, not

specifically granted to some’ other agency, officer,

or committee, as provided in Article IT; and the

Senior Elder shall also have power to supervise and

veto the acts of any other ecclesiastical - officer,

agency, or committee of the Church. |

The Senior Elder shall be elected by the duly

chosen representatives of the several student -min-

24 | Peggy Lou Riker, et al., vs.

ister training projects of the Church, at a con

vention of such representatives called for that pur-

pose. He shall hold office until his successor is

elected or appointed by a convention called to select

another Senior Elder. Such convention may be

called by the Senior Elder, or by a majority of the

said Project Managers, or by a majority of dele.

gates selected for that purpose by the members of

the several projects.

Article TV.

The Advisory Board of Elders

1. There is hereby ereated an Advisory Board

of Elders of Christ's Chureh of The Golden Rule. -

2. The Advisory Board shall be composed

five ecclesiastical members of the Church who, in the.

first instance, shall be elected by the Convention:

two of said) members shall be elected for terms of

three vears, two for terms of two vears, and one for

aterm of one vear: and thereaftersat the expiration

‘of a term, a successor shall be elected by the. re-

maining members of the Board for term of three

years, and if a vaeanev oceur for reason other thay

expiration of a term the remaining members of the

Board shall elect a snecessor for the unexpired term,

Any person elected to membership on the Board

shall serve only if contirmed by the Senior Elder,

and of not confirmed by the Senior Elder. th

Board shall elect another ‘person whe is satisfac ‘tory

to the Senior E Ider.

= & Subject’ to the written consent of the Senior

Elder. the Advisorv Board. by a majority. vote of

¥

eK

Commissioner of Internal Revenue 25

its members, may enact, establish, amend, or repeal

the provisions of any of the canon laws, creeds

and doctrines of the Church; and, subject to the

written consent of the Senior Elder, the Advisory

joard, by a majority vote of its members, may

create, appoint, disclipline, or remove officers of the

Church, determine the various classes of member-

ship, associates, co-workers, and affiliates of thecee-

clesiastical organization, provide for and appoint

committees for the examination of applicants for

the several classes of membership, associates, co-

workers, and affiliates, and prescribe . standards

therefor: selevt persons for ordination, and persons

te vive the sacraments. ;

t. Subject to the written consent of the Semer

Elder, the Advisory Board, by a majority vote of |

its members, may establish ecclesiastieal courts

and define the Jurisdiction thereof, appoint the

members of such courts, establish, the procedure

thereof for the trial of matters and persons within

its jurisdiction, snd for the review and éarrving

out of the judemonts and sentences of the courts.

5. The Senior Elder shall hiave and exereise,

when he deems it advisable or necessary, the power

to review, modify, or reverse the Judgement or

sentence of anv ‘ecclesiastical court. and te reprieve

er pardon any person convicted by sueh court,

Article V.

The College of Pastors

’

1. There is hereby created a College of Pastors

of Christ’ Church of The Golden Rule.

26 Peggy Lou Riker, et al., vs.

2. The College of Pastors shall be composed of

the pastors of the various projects, congregations,

and groups of the Church, and shall convene upon

eall of the Senior Elder..The College of Pastors

shall act by a majority vote of a quorum; and half

of the members of the College shall cui.stitute a

quorum, |

3. The College of Pastors shall have such powers

and perform such duties as may be preseribed by

the Senior Elder in writing.

Article VI.

Temporal Agencies

1. The temporal agencies of the Church shall be

under and subject to the control of the ecclesiastical

authorities of Christ’s Church of The Golden Rule.

- 2 The temporal agencies of the Church, while

subject to ultimate control by the ecclesiastical

authorities, shall, insofar as may be practicable, be

kept separate from the ecclesiastical agencies of the

Chureh.

*»

3. The officers, agents and members of the tem-

poral agencies of the Church shall possess such ec-

elesiastical or other qualifieations and be ‘subject. to

such discipline and supervision as may be preseribed

by the ecclesiastical organization of the Chureh, or

by its canon laws.

4. The. Senior Elder, with the adviee of the

Advisory Board, shall grant charters to the various

congregations, projects and other temporal activi-

Commissioner of Internal Revenue 27

ties Upon such terms, conditions and reserva-

tions as shall be determined by him. Any violation

of such terms, conditions, or reservations, or of the

canon laws of the Chureh shall, if clearly shown

in accordance with his sole diseretion—justify the

Senior Elder in the suspension of stich charter: or

such. charter, after hearing, may be declared for-

feited by the judgment of an ecclesiastical court

of the Church,

5. If any charter is suspended, or forfeited, as

herein provided, or if the Advisory Board or the

Senior Elder shall find that any property of a

chartered ageney of the Church is not being handled

or used according to the religious dedication thereof,

then the powers and duties of such chartered ageney,

tovether with the property under its control, shall

he transferred to, and shall be held and) admun-

istered by, another temporal ageney of the Church

asin the eanon laws provided and. if the canon laws

do not se provide, then te such temporal agency of

the Chureh as the Senior Elder may designate in

writing. ;

6. The ownership. right. of possession and in-

terests in property, as referred to in paragraph 5

of this Artiele, shall be determinéd by the ee

elosiastical courts of the Church whose judgment in

respect thereto shall be final.

7. If anv temporal ageney of the Chureh shall

have title to or possession of any property of the

Church, sueh ageneyv shall hold) such property. in

28 Peggy Lou Riker, et al., vs.

trust for the bentit of the ecclessiastical society

of this Church; and the income therefrom shall be-

long to the ecclesiastical society of this Church;

and it shall be used exclusively for carrying on the

ecclesiastical work of the Chureh in accordance with

the rules and regulations of the ecclesiastical society

of the Church and shall be payable to the Church

upon the order of the Senior Elder or Advisory

Board. |

Article VII.

Settlement of Controversies

1. Tt is hereby declared to be the policy of

Christ's Church of The Golden Rule that the mem-

hers, associates, co-workers, affiliates, congregation,

projects and other agencies of the Chureh shall not

engage in controversies, civil litigation, or other un-

seemly conduct in respect to property or other

rights; but that all disputes, disagreements and con-

troversies relating thereto, of every kind whatso-

ever, shall be determined and settled in accordance

with the canon Jaws and by the ecclesiastical courts

of the Church. |

» Christ's Chureh of The Golden Rule recog

nizes the necessity for and gives cheerful adherence

to.civil government, its laws, courts and institutions ;

it holds‘and ordains, however, that its members, as-

socjates, co-workers, affihates, congregations, proj-

ects and other agencies shall not become involved

in civil litigation, but instead shall be governed by

the eanon laws and other Jaws, rules, and regula-.

Commissioner of Internal Revenue — 29

tions of the Church as interpreted, followed and en- |

forced by its ecclesiastical courts. |

3. Tf any controversy, dispute, or disagreement

shall arise between any members, associates, co-

workers, affiliates, congregation, projects, or other

agencies of the Chureh, or any of them, which can.

not be settled by thé parties involved. therein, re-

course shall be had to the authorities of the Church

including, as a last resort. the ecclesiastical courts

thereof, whose judgment shall be final.

1. The willful violation of any of the provisions

of paragraphs 1, 2, and 3 of this Article shall ,sub-

ject the yiolator, if a member, associate, co-worker,

or affiliate of the Church to suspension and. if

pursued, to excommunication ; and if the violator

is a congregation, project, or other agency of the

Chureh, it may he abolished or its rights, privileges.

duties and powers may be transferred by the Senior

Elder to another ageney of the Chureh.

Article VIII.

* Amendments

Amendments of this constitution may be proposed

hy the Advisory Board, or by the Senior Elder,

but shall not be effective until ratified by a two-

thirds vote of the managers of the several student

minister training projects of the Church,

Article IX.

Convention

The Chureh convention shall have full power to

amend this constitution, any eanon law, doctrine or

30 Peggy Lou Riker, et al., vs.

ecclesiastical ruling by a majority vote of a quorum

of the convention proposing such amendment or

change and duly ratified by a majority of the ec.

clesiastical members of the Church society. The

Senior Elder’s office may be declared vacant or

filled, ér any other Church official’s office declared

vacant, with or without cause, or vaeany filled by a.

majority vote of a quorum of the convention rati-

tied by a majority of such ceclesiastical members.

The convention shall convene upon eall of the

Ecclesiastical Head or Acting Keelesiastical Head

or upon written demand of 29% ‘of the ee.

elesiastical members of the Chureh. The — con-

vention shall consist of elected delegates, elected

by a majerity of the ecclesiastical members of

the Church at each group or congregation. There -

shall be one elected delegate for each twenty (20)

adult® persons or major fraction thereof, but there

shall be at least one from. each student minister”

training group and church congregation, even

though it have less than 10 adults. A majority of

elected delegates shall constitute a quorum, The

Convention shall be the sole and exelusive judge of

the qualification and eredemtials of its members.

Canon Laws of

Christ's Church of The Golden Rule

Canon Law No. 1-——Official Tenet.

The King James version of the Holy Bible as it

is construed, taught and interpreted from time to

”

"15 vears.of age and older.

Commissioner of Internal: Revenue 31

time by the duly constituted officials and officers of

the ecclesiastical society of the Church, is hereby

declared to be the law gover ning the ecclesiastic ale

matters and conduct of, the parties under these

canon laws.

Canon Law No. 2—Purposes.

In accordance with the rules of procedure ap-

proved im writing by the duly constituted — ec-

clesiastical government of the Chureh, it shall be

the purpose of the religious society to teach and

promote the spiritual and religious welfare of man-

kind and particularly to promulgate the teachings

of Christ Jesus as found in the King’James version

of the Holy Bible, most particularly the economic

teachings.of Christ Jesus, and to this end to main-

tain and earry on churches; to teach those things

‘that in the opinion of said Church Government will

tend to forever end the causes and evils of war,

poverty, illiteracy, superstition, greed. brutality.

hate, selfishness, man’s inhumanity to man and his

subjection to the blind so-called forces of nature and

materiality : to teach such subjects as will eng

mankind to adopt Christ Jesus’ **Golden Rule” o

absolute **economic”” “equity as the cornerstone of

1 world-wide and universally accepted system of all

individual, industrial, business, political, national

and. international relationships; to teach that men

should worship and glorify “*fiod,” not other men

whom they set up on thrones and literally worship

and glorify as they would an ‘tidol.” until such men

become their masters with the power of life or

32 Peggy. Lou Riker, et al., vs.

,

death in their hands, as though ‘they’. were God

Himself, or as though mankind were slaves who

lived only to do the bidding of these idolatrously

worshipped pigmy gods of wrath, greed and hate;

to teach that there is but ‘tone’? God—ommiscient,

and omnipresent Life, Truth, and ** Love’’-—-who

lovingly cares and provides for all of His ‘children

impartially and ‘tequally”’ from His limitless and

inexhaustible universe; to teach that because of the

infinite afflmence og our Creator — the vastness and

inifinitels abundant substance of His universe—

creed, selfishness, economic competition, poverty,

jealousy, hate and war are but manifestations of

moral idivey —expressions of ignorance, supersti-

tion and stupidity.

In accordance with the rules of procedure: ap-

proved in wrifing by the duly constituted” ce-

-lesiastieal government of the Church, to teach and

promnete the spiritual, moral and finaneial welfare

of all. mankind by the practical application of

Christianity: te teach and give iistrnetion in the

veneral seience of Jaw and nature by means of any

practical edneational methods, and te teach and

exemplify by any practical means, with any or all

suitable means or Aweneles the practical application

of Christianity: te teach and exemplify: the Use of.

monev oor eredit: in-any and all of its ,economic

finetions, and generally to tevely and exemplify

worthy and righteous business methods and. seien-

tifie wavs of procedure based pon Christ -esus’

“Golden Rule’ of absolute and impartial universal!

economic equality.

Commissioner of Internal Revenue 33

Temporal Affairs.

Canon Law No. .3—Seeular and Temporal Admin-

istration.

Insofar as practical, there shall be maintained a

complete separation of all matters ecclesiastical and

all matters secular and temporal. Matters secular

and temporal shall be handled by the various tem-

poral agencies of the ecclesiastical society, or its

various subdivisions, activities or congregations or

projects. The ecclesiastical matters shall be all im-

portant, and the seewlar and temporal matters shall

he wholly subservient to and for the purpose of. aid-

ing, assisting and carrving out the ecclesiastical

matters. All temporal agencies shall hold their prop-

erty Upon au private trust for the ecclesiastical

organization; and the temporal agent shall act as

such only with the consent and direction of the ee-

clesiastical organization. and upon the termination

of any such temporal agent's authority or limita-

tion of its seope by the eeclesiastieal Clureh Gov-

ernment, its seope and authority shall forthwith be

limited accordingly except te convey titles or prop-

erty to its successor as named by the Clifreh Gov-

ernment. -Determination of ecclesiastical matters by

the duly constituted authorities of the Clarch shall

he conelusive and banding upon the temporal

agencies, even though sueh ecclesiastical matter di

rectly or indirectly or Ineidentaily alffeets matters

of property. or property rights oranthority of any

temporal ageney or of any officer, agent or member

of such agenev.

34 Peggy Lou Riker, et al., vs.

Canon Law No. 4—Granting and Revocation of

Charters:

Each project, congregation, temporal agency,

society and group within the religious society shall,

as a condition of its authority and right to be a part.

of the religious society, hold a charter from the

ecclesiastical Church Government. Such charter

shall provide in addition to such ‘other provisions

as the Church Government may designate, a provi-

sion that the charter is held pursuant to the church

constitution and canon laws, and is revocable upon

violation of any of the canon 'aws. Such charter

shall be granted, withheld or revoked upon what-

ever terms and conditions the Church Government

may designate. Departing from the religious pur-

poses as detined, by the duly constituted Church Gov.

ernment or any sehism, shall be grounds for termi-

nation of the charter by either the Eeeclesiastical

‘Head or by the judgment or decision of the Church

Judiciary. , :

Upon revocation or suspension of a charter, all

property of the project, congregation, temporal

agency, society or group shall forthwith be delivered

to the person or persons designated by the Church

Judiciary, and pending action by the Church

Judiciary, to whomever the Church Government.

shall designate.

Canon Law No, 5—Definition of Temporal Agency.

‘‘Temporal Agency’’ as used in these canon laws

means any person, natural or artificial, or group or

e

Commissioner of Internal Revenue 35

eutity who acts in any way in matters temporal or

secular for the ecclesiastical Church Government or

religious society or any part thereof or any project,

congregation or activity of the Church or who holds

any property subject to any religious trust or use or

purpose under the doctrines, teachings or beliefs of

‘the religious society or ecclesiastical Chureh Gov-

ernment. |

Canon Law—No. 6—Powers of Temporal Agency.

Nothing in these canon laws shall prevent, hinder

nor be construed to prevent or hinder any temporal

agency under these canon laws from changing the

form of any property subject to the religious pur-

poses as detined and construed by the ecclesiastics!

Church Government. Such temporal agency shall

have power to sell, lease, hypothecate and/or

alienate such property so long as the proceeds there

from shall be thereafter used for such religious pur-

poses, or remvested for such use for sich religious

plirposes. To avoid Joss of property by the transfer

of such property for substantially less than its

market value, or to otherwise lose property for such

religious purposes, the Eeclesiastical Head of the

Church Government shall be consulted as to any

contemplated sale, lease. liypothecation or aliena-

ton of any substantial asset or property mi excess

of $10,000.00 value, and if he determines that such

sale or transfer, lease, hypotheeation or alienation

is. in his discretion, net calculated to tose or reduce |

the value of the property subject to such religions

- a Peggy Lou Riker, et al., vs.

purposes by such contemplated sale, lease, transfer,

hypothecation or alination, and that such transac-

tion will tend to carry out such religious purposes,

he shall consent thereto. Failure of any official ?

or person connected with such temporal agency

under these canon laws to first consult with said

Ecclesiastical Head of the Church Government be-

fore making such transaction or to abide by the -

decision of said Eeclessiastical Head, or the judg-

ment of the Church Judiciary, if its jurisdiction

has been invoked and such judgment is not in ae-

cord with the decision of said Ecclesiastical Head,

shall be grounds for discipline before the Church

Judiciary. .

Canon Law No. ‘7—Suspension of Temporal Powers.

Should any temporal agency of the Church or-

ganization do or suffer to be done anything which

might materially impair the ability of such temporal

ageney to petform any of its duties or that might

materially impair the use of any substantial part

of the property held by the temporal agency for

- religious purposes as defined and determined by the

ece ‘lesiastical Chureh Government, then it shall he

the duty of the Eeelesiastieal Head of fhe Church

~ Government or of the Advisory Board or of the

Chureh Judiciary upon its own motion, to forthwith

suspend the powers of such temporal ageney. Im-

mediately upon such suspension, the Church Judici-

ary shall, with or without notice, designate a tem-

porary agency or person, under the eanon laws to

{

Commissioner of Internal Revenue 37

take possession of all of the property held by the

temporal’ agency and to use the same for .such

religious purposes under the direction and control

of the Church Judiciary. Possession and all -powers

of such temporal ageney shall forthwith pass to such

agency or person temporarily designated by the

Church Judiciary, pending the final determination

and decision and judgment of the Church Judici-

irv. The Chureh Judiciary shall cause proceedings

‘tou be instituted before it, notice: given to all in-

terested persons, and if the Church Judiciary shall

determine thereafter upon notice and after a hear-

ing or opportunity to be heard, that such temporal

agency has done or suffered to be done or was about

to do or suffer to be done anything which might ma-

terially impair the. ability of the temporal agency

tu perform any .of its duties prescribed by the

Church Government or. materially impair the reli-

gious Use of any substantial part of any of its prop-

erty, it shall be the duty of the Church Judiciary

to terminate all power, right, and authority of the

temporal agency as of the suspension or commence-

ment of the proceedings if there were no-suspension,

and to designate the proper. person or agency for

the performance of such duties of such temporal

¢

agency. and its successor.

Canon Law No. 8—Terms of Conveyance and Ad-

ministration of Assets.

All property acquired by the Church, or any con-

sregation, project, ecclesiastical society or any part

thereof, or any temporal agency shall be used and °

38 Peggy Lou Riker, et al., vs

held exclusively for the religious purposes as de-

tined and interpreted by the ecclesiastical Church

Government. This shall apply to all property how-

soever acquired, of whatever kind and nature, and

wheresoever situated, and whether personal or real

or ‘otherwise, and whether tangible or intangible.

All transfers, convevances and sales shall he pre-

sumed to be bona fide gifts to the Lord's work un-

less there be conditions or understandings or prom-

sex to the contrary in writing duly approved in

writing by the duly constituted ecclesiastical Church

Government. The consent in writing shall not be

viven unless the ecclesiastical official, exercising

such diseretion, determines such conditions or -un-

derstandings or promises will tend to earry out the

said religious purposes of the cece ‘lesiastieal Chureh

Government. and sueh conditions, understandings

and/or promises are necessary fo carry out such

religious purposes. The consent thereto shall be

withheld ‘if the Eeclesiastical Head shall, in’ his

absolute discretion, determine such conditions, Un-

‘derstandings and or promises are likely to unduly

impair thre religions: purposes OF subject other prop-

perty. subject to religious purposes, to undue Yisk

wv hazard,

It shall be the poliew of the ecclesiastical Chureh

Government and of all officials and) persons con:

nected with temporal agence ies to encourage gifts of

real property fo he subject to a condition. or right

of re-entry for condition broken, that should such

don: ated real property be used for other than reli-

Commissioner of Internal Revenue 39

gious purposes, as defined and interpreted by the ec-

elesiastical Church Government, such donated prop-

perty shall revert to the donor thereof.

Canon Law No. 9—Contracts and Agreements (Re-

garding Maintenance and Support).

-No gift or transfer of property shall ever be

‘accepted by any temporal ageney as a condition of

or as consideration for any care, maintenance or

support of the donor or of any particular individual

or group of individuals. No temporal agency shall

make any contract for the support, maintenance, ed-

ucation, housing or rooming of any person for any

period of longer than one calendar month. Nothing

herein contained shall prevent anv temporal agency

from conducting any school, college, dormitory,

hotel or restaurant, and making the usual contracts

customary in the area in which such activity is un-

dertaken by other religious organizations or groups

in the carrving out of religious purposes,

The purpose of this canon law is to prevent any

walled gifts or transfers of. property being made

hy any person under so-called “life care con

tracts, or for any person to make a gift expecting

the gift not to be used for religions purposes, Inuit

to he used for the support, maintenance or care of

the donor or any particular person or persons.

Canon Law No. 10—Regulations Governing Church

Assets.

No part of the income of any property, money or

property right, of whatsoever: kind or nature and

40 Peggy Lou Riker, et al., vs. -_

“wheresoever situated, shall ever inure’ to the per-

sonal profit or benefit of any person or persons,

shareholder or certificnte holders; but all income

of any group, temporal ageney, project, congrega-»

tion, and society or any part thereof shall always

be used for the religious purposes of this Chureh

ax defined and construed by the ecclesiastical

Chureh Government. No amendment to these canon

laws, and no instrument under which any gift, con-

vevance or transfer is made shall ever permit any

person or persons, oF shareholder or shareholders

te ever have any proprietary rights. in the income

of any such group, ageney or society. No temporal

agency shall ever issiie any stoe ‘A or ceftiticate for

the payment of any income to inure to the benetit

of any individaal or stockholder,

Canon Law No. TL—Regulations * rohibiting Use of

Chureh Assets for Propaganda Cor Tnflueneine

Leuwislation ).

No property held or acquired by any tempera!

reeney, or for ans religious purposes of the ee

clestastiea| sorlety or any part thereof, project, com

Sregation, group or society of the Church shall

poeple used for intlnencing legisiation or for prepa

catala: and pe amendment te these canon laws shall

peeve guts such property, tneome oP proceeds ty

be ever used to influence levistation or for propa

canda, No gift, conveyance, acquisition or other in

<tyument unde ‘y which property hay at any time i

the future be jaequired by any temporal ageney, or

Held shally permit such use of any part of sueh

o

Commissioner of Internal Revenue 41

money, property or property right, for such ,pro-

hibited purposes,

Canon Law No. 12——-Regulations Governing Use of

Facilities and Income, and Apostolic Mode of

Living.

It being a doctrine of the ecclesiastical Chureh

Government that no person shall profit from the

Lord’s purse, nor that any person shall profit nor

commercialize nor financially benefit. from the prop:

erty subject to the religious trust nnder these canon

laws nor under the control or direction of any tem-

poral ageney under these canon laws, and it: being

the intention of the ecclesiastical Church Govern-

ment that only those who are cenminely interested

inthe Christian erusade and ministry of the Chnreh

- shall be assisted to earry on this erusade and minis

trv, itis directed :

oe, 1) No salaries, Wages or tother compensation

shall be paid those persons nider these canon laws

in their work, studies or efforts in carrying out the

religous PULP poses of the religdotis soelety except as

in Canon Law Neo. 19 provided, Costs, expenses of

av ine, travel, personal eNpenses and obligations -or

other sams as may be justified in the discretion of

the Chureh Government mav he advanced or re

tnbursed to any person under these canon laws, if

the Chureh official exereising such diseretion deter-

imines such sumer sums to be necessary and it will

eurry ont such religious purposes.

(2) As the material needs of the various persons

42 Peggy Lou Riker, et al., vs.

and their families and dependents must of neces- _

sity be met to permit these persons to dedicate their

work, services, and studies to carry out the religious

purposes of the ecclesiastical society, the religious

apostolic society form of living is selected as the

means to aecomplish these results in accordance

with the doctrines, teachings and principles of the

ecclesiastical Chureh Government.

(3) There shall be a common community treasury

for the conduct of the religious apostolic society

form of living; and the ecclesiastical Church Gov-

ernment shall designate the temporal ageney to act

as such treasury, and the use to which its funds

shall be put in such illustration of its religious

teachings.

(4) The ecclesiastical Church Government shall

determine how much is necessary for the common

community treasury to carry out the religious pur-

poses through the apostolic society form of living.

Thereafter the various temporal agencies under

these canon laws are authorized to make available

such money or property as a religions purpose, up

to the amount of the sum or property or both de-

termined by the eeclesiastical Chureh Government

as necessary for the conduct of the said religions

apostolie society. |

(5) From among the facilities owned, con-

trolled or subject to the use of the various temporal

aveneies under these canon laws, the ecclesiastical

Commissioner of Internal Revenue 43

Chureh Government shall designate those that may

be used as parsonages for those engaged in the

njnistry of the religious society, those that may be

used as seminaries for the religious studies of the

religious society, and those that may be used. as liv-

ing quarters for others engaged in the various reli-

vious activities of the religious society. “Phe tempo-

al ageney, having such property subject to its con-

trol or direction, is authorized to use such prop-

erty so designated for sueh parsonage, seminary

and/or diving accommodations as. a religious use

under these canon laws.

(6) Such money and preverty subject to these

religious uses, as the ecclesiastical Church Govern

ment may designate therefor may be used for he-

nevolences; and thereafter the various temporal

agencies having or controlling such money or prop-

erty are authorized to use it for such benevolences

asa religious: purpose,

(7) The eeclesiastieal Church (iovernment may.

designate such person or persons, or group or class

of persons, from time to time, whether such person

or persons be ecclesiastical members or not, and ir-

respective of such Person OP Persons religious he-

Nefs or membership im any religious society or

chureh, as proper subjects or persons tobe fed,

lodged, and/or supported by any temporal agency

during the pleasure or will of such temporal ageney

as a charitable or helpful aet in illustrating and

teaching the purposes of the Church. Thereupon any

temporal ageneyv is authorized to use money or

¢)

44 Peggy Lou Riker, et al., vs.

property under its control for such purpose as a

religious purpose hereunder. The apostolic forth

of living may be extended hereunder to such person

or persons, if the ecclesigstical Church Government

so designates. |

Canon Law No. 13—Regulations Governing <Ae-

_counting and Membership Lists.

It shall be the duty of any temporal agency to

account to the ecclesiastical Church Government for

all financial and property matters. Unless other:

wise specified by resolution of the Advisory Board

of Elders. such accounting shall be done annually

by each temporal agency to the ecclesiastical Church

Giovernment. ,

It is hereby declared that it is a Constitutional

Right of every person under these canon laws to

Freedom of Religion, and no official or temporal

geney shall make any disclosure without the con-

sent of each person, to any other person, of any

religious heliefs, of any such person, or that any

particnlar person under these canon laws holds any

particular religions beliefs. Determination by the

Keclesiastical Mead of any membership classitica-

tion or by the Church Judieiary of any such matter,

Shall be final and conelusive. Any trial or proceed-

ines. before the Church Judiciary involving any

religious beliefs shall be confidential unless re-

quested to be open by the party involved, or the

aceused and the ecclesiastical church officials. No

person having aecess to any list or names giving

Commissioner of Internal Revenue 45

membership or disclosing beliefs in religious mat-

ters, shall distlose or make publie such list of names

without the. consent of each such person except to

the Church Judiciary, who shall keep sueh list or

names confidential, or to the duly constituted Chureh

official having lawful use or access to sneh list of

names, Unlawful disclosure. or publication shall be

erounds for discipline.

Membership

Canon Law No. 14-—Prerequisite to Membership

(Including Agreement of Members).

No person shall be a member of the religious

socdety, or any part thereof, of the Church until:

(1) He or she has met the religions examina-

tlons and tests preseribed by the vecclesiastical

Church Government.

(2) He or she has been certitied on the records

of the ecclesiastical Church Government by the e-

clestastical Head as having met the necessary reli-

gious prerequisites for such class of membership.

(3) He or she has duly made appleation for

membership Uhpreond the form preseribed hy the ee.

clesiastieal Church Government, lias agreed to he

hound by the Chureh constitution and Chureh laws

known as Canon ‘laws, and agrees to Submit. te

arbitration, valuation and/or determination all the

matters provided iu the canon laws,

Upon the adoption of theseséanon laws. the ee-

clesiastical Church Government shall notify those

46 Peggy Louw Riker, et al., vs.

who are members of the ecclesiastical organiza-

tion of their membership and classification, and

failure to forthwith notify in writing the Secretary

of the Church Government of rejection of member-

ship shall constitute an acceptance of these canon

laws and of said agreement to arbitrate in these

“canon laws, and to abide by the Church Judiciary ‘s

decision or judgment. |

The agreement of all members of any and. all

classifications shall be:

I agree to abide by the Church constitution and

the Chureh Jaws known as canon laws, and by all

lawful decisions and orders of the Chureh Govern-

ment or any official thereof within the scope of his

or her authority.

[ agree to submit all questions, disputes and eon-

troversies of ecclesiastical and organizational mat->

ters to the Chureh Judiciary. as under the canon -

laws provided (and as they may be amended from

time to time), and agree not to resort to legal or

other remedies until all remedies thereunder have

been fully exhausted. T further agree to submit te

arbitration as m the eanon laws provided (and a-

they may be amended from time to time) all ques.

tions. disputes and controversies whether now in

existence or hereafter arising between myself and

the ecelesiastieal organization, and part thereof, any

temporal ageney, officer, official, member and /or

any person or persons under said eanon laws:

(1) controversies which micht be the sub-

ject of a civil action and are within the provi

Commissioner of Internal Revewae 47

_ sions of Califorfiia Code of Crml Proeedure,

Sections 1280 to 1293;

(2) all matters of the amount of damages.

and

(3) all matters of value of property, real,

personal or otherwise.

An award of arbitration, valuation, or determina-

tion, shall be binding, final and conclusive upon the

parties thereto, and judgment may be entered

thereon as in Civil Code of Procedure ef California,

Section 1287 provided. 1 agree not te bring any

action, suit or proceeding until T have exhausted my

remedy by this agreement to arbitrate, to deter-

mine damages, and/or for valuation.

(Name in Full.)

Canon Law No. 15—Classitieation of Members.

Of the various ecclesiastical members of the reli-

gious society, there shall be the following classi-

featlons:

(1) Co-Workers—those. actively engaged in the

Church ministry vot otherwise classified.

(2) © Affiliates—those who adhere to the religious

_ beliefs of the religious society, and are ecclesiastical

members. This shall inelude co-workers and all

other classifications within this canon law.

48 Peqaqy Lou Riker, et al., vs.

(3) Student Ministers—those who are studying

' for the ministry of the church, upon admission te

such status by duly constituted authority of the

Church, but not vet admitted to lay or ordained

membership. This is a probationary status.

(4) Junior Members between 15 and 21 years

of age.

(5) Lay Members—those members of the reli-

viens society designated by the Eeelesiastieal Head

of the Church Government whe have, by: examina:

tion and condiet. evidenced religious training and

have evidenced a desire to- and who have—ded

icated their lives to the ministry of the Church

and renounced their worldly woods by oath of

poverty and become children of the Chiureh.

(6) Ordained Members those who have anal

fied as lav members ead been duly ordained by

the diity constituted Cliaireh Government. Pastors

shall be ordained members having a duty as such

pastor by gesteniment of oluly comstituted Cline!

officials.

7 Managing Menibers those affiliates desrg

voted cas managing members by. daly constituted

aiitherity: te istrict others an religious matters,

oS) Members Entitled to Be Rntrosted With Posi

tions of Trust and Confidenes Those affttiates whe.

hy reason of thei r religious beliefs, are designated by

the-Eeelesiastieal Head of the Church to be eapable

of holding office or positions of trust and confidence

in the socretv, or in any of its congregations, or

any temporal agency. This position is always pro-

Commissioner of Internal Revenue 49

bationary, and may be suspended by the Eeclesi-

astical Head and terminated by the Advisory Board

of Elders or by a judgment of the ecclesiastical

eourt. The Ecelesiastical Head of the religions

society shall designate those affiliates who, in his

opinion by reason of their religious beliefs, : are

qualified for this classification. Termination of -ueh

‘classification or suspension shall be by reason of

religions beliefs. only, and shall not be for dis-

ciplinary reasons or by way of punishment. In the

event of suspension from: this classification. the af-

tiliate shall be disqualified to aet as an ofeer or

official in the religions society, or any part thereof,

or for any temporal ageney or te vet in aay position

of trust or contidence under these canon laws. or

any ecclesiastical or temporal gtice in the Churel.

Upon suspension, the Eecesastical Head of the

Chureh or such examining committee as may be

designated by such Head. shall forthwith examine

Stel suspended: person on mutters of religions be-

hefs and immediatels report the result. thereof te

the Advisory Board of Elders or to the ceclestasticad

emt having jurisdietion: and sueh report shall he

comelisive us te ecelesiastiens beliefs.

Coanen Law No. 16 Obligations of Membership.

It shall be the obligation of all. members to

fathfully and without mental reservations abide by

the constitution, canon laws, and the rules and reygu-

lations ef the ecclesiastical Church Govertinent and

the interpretation and decisions of the officials of

said Chureh Government. ATL lawful orders) and

50 Peggy Lou Riker, et al., vs.

directions of any duly constituted official within the

seope of his or her ecclesiastical authority shall

he obeved at once and without question: however.

nothing herein contained shall requjre or suggest

violation of any law, statute or ordinance, nor shal!

it require or suggest anything to be done contrary to

the doctrines and teachings of the Chureh, Any per-

son aggrfeved by obedience to any such order or di-

rection shall have a right to be heard by the duly

constituted. official of the ecclesiastical hody with

power to correct any abuse of authority, or a fair

and impartial hearing before the Church Judiciary,

at the option of the aggrieved person, or both as in

the canon laws provided. |

Canon Law No. 17—No Legal Obligations to Mem-

bers for Gifts.

There shall never be any legal obligation for giv-

ing or payment of money or transfer of property

as.a condition for obtaining or retaining any office,

status or membership; and any official who directly

or indirectly seeks either for himself or any orgami- —

zation or temporal ageney of the Church to estab-

lish such ai legal consideration shall forfeit his

office and any member who directly or indireetly

secks either for himself or for any organization or

temporal agency of the Church to establish such a

legal consideration shall be excommunicated.

Canon Law No. 18—Regulations Governing Mem-

bership (Financial Liability).

No financial or property rights and no financial

liability shall acerue by reason of any kind of mem-

Commissioner of I nternal Revenue Ol

bership nor shall any person incur personal financial

or property rights nor liability by: reason of any

office or membership held in this Church; and all

contracts, understakings and other ayreements made

-whether as a temporal agency or otherwise—for

and on behalf of the Chureh shall contain. as a

provision thereof this provision. .

Canon Law’ No. 19-—Regulations Governing Com-

pensation to Members.

All services performed for, given to, or expended

“by any person subject to these canon laws for the

Church, or any congregation, project, ecclesiastical

society or any part thereof, or of the temporal

agency, shall be gifts, absolute and complete, for

whieh there shall never be any compensation or

other remuneration unless there is an express con-

tract in writing between such person subject) te

these canon laws and the person, group or organiza

tion sought to be eharged .detining the method of

compensation, rate and the services or work or

property to be compensated, and such written con.

tract has been duly approved in writing by com-

petent officials of the ecclesiastical Church Govern-

ment.

Tt is the intention*of these canon laws that all

such services and work shall be outright gifts to the

Lord’s work; and no individual or person shall

protit from: money or propery given or obtained for

religious purposes. The ecclesiastieal Church Goy-

ernment shall not approve in writing of anv such

52 Peggy Lou Riker, et al., vs.

written contract for services or work or property to

be compensated unless and until the official ex-

ercising such discretion determines that such com-

pensated services are within the said religious pur-

poses and such compensated services are necessary

to carry out such religious purposes.

Canon Law No. 20—Property Rights of Individuals.

No person shall ever have any personal, proprie-

tary or other right, title or interest in or to any

property of the Church, congregation, projecty ec-

clesiastical society or any part thereof, or temporal

ageney, by reason of meinbership in_ the society,

‘Chureh, congregation, project, ecclesiastical society —

or any part thereof, or temporal agency, or of any i

office therein. All property shall be used exclusively

for religious purposes according to the beliefs and

teachings as interpreted and construed by the duly

constituted Chureh Government.

Canon. Law No. 21—Political Affiliations.

No person shall use his office or connection or

membership in the Chureh, nor any: property of

the Church or any of its temporal agencies, for

political purposes, or to promulgate or spread

propaganda nor to influence legislation.

All persons in or connected with the religions

society shall have absolute freedom of political af-

filiation, choice and/or action in any political matter

and no pressure or direction, directly or indirectly,

shall be used or aiverted through the religious

Commissioner of Internal Revenue 53

society or any part thereof to affect or influence any

political affiliation, choice, action or vote.

No person under these canon laws shall ever di-

rectly or indirectly attempt to change or advocate

the change of government by other than, lawful

means. Any person assisting, or joining, or advo-

eating the principles of, any organization advocat-

ing the change of government by other than lawful

means shall be excommunicated.

No person under these canon laws shall ever di-

rectly or indirectly belong to the Communist Party,

or any of its affiliated or front organizations. No

person under these canon laws shall ever directly

or indirectly belong to any fascist or nazi organiza-

tion or faseist oF nazi political party.

Canon Law No, 22—Definition of ‘Project’? and

_** Project Managers.”’

A “project manager”’ shall be any person having

any classification of ecclesiastical membership who

ix duly authorized and empowered hy the duly con-

stituted ecclesiastical Church Government to assist

those on the: project in applying Christianity as

taught, construed and defined by the duly consti-

tuted Church Government to every-day life. Such

project manager is an ecclesiastical official of the

Church Government, and shall be selected from

among those designated by the Ecclesiastical Head

of the Church Government to be entrusted with a

position of trust and confidence.

54 ; Peggy Lou Riker, et al., vs.

A ‘project’ is any group, undertaking or activ-

ity in which one or more persons under these canon

laws undertakes to apply and illustrate Christianity

as taught, construed and defined by the duly con-

stituted Church Government to every-day life. “A

project may or may not be owned in whole or in

part by some temporal agency of the Church, or

it may be owned by some individual and tempo-

rarily dedicated to such use withont affecting, im-

pairing or lessening the ownership of the individual

therein. No property, other than money gifts and

vifts of services shall be accepted by any temporal

‘agency without the consent of the ecclesiastical

Church Government. Such assent may be condi-

tional or absolute. .

Canon Law No. 23—Publications.

No publication shall be made in the name of the

Church except that which is duly authorized by

the Chureh Government. Projects, congregations,

LrOUps, socleties and temporal agencies of the

Church may make and distribute publications so_

long as they are in accordance with the religious

purposes of” the Church religious society and_ its

doctrines, beliefs and teachings, but it shall appear

thereon that such publication is only that of the

particular project, group, congregation, society. or

temporal agency. Any such publication that de-

parts from the religious purposes, shall be = sus:

pended by the Church Government; but nothing

herein contained shall be used as censorship, and

Commissioner of Internal Revenue 55

such suspension shall be subject to review by the

Church Judiciary. :

Canon Law No. 24—Duties of Affiliates.

It shall he the duty of all affiliates, including stu-

dent ministers and members of every classification,

to constantly remember that Christ Jesus’ Golden

Rule applies specifically to their treatment. of

others, regardless of how others: may treat them,

and to continually seek to use that principle in

their everyday lives and in their dealings with al!

with whom they come in contact * * * whether affili-

ated with the Church or any of its agencies or not:

It shall further be the duty of all affiliates, includ-

ing student ministers and members of every ¢lasst-

fication, to earnestly endeavor to so live that their

actions as well as their words wili constitute an

exemplification of Christ Jesus’ teachings and so

continue to perfect the ‘illustration”’ of the prac-

tiability of such teachings which is being estab-

lished by Christ’: Church of The Golden Rule and

all of its agencies.

Canon Law No. 25—Grounds for Diseipline.

As an intent to violate a canon law is the essence

of an ecclesiastical offense, no proof of an overt’

act is necessary in any disciplinary proceedings or

action before the Church Judiciary, :

Vilifying any ecclesiastical official or slanderous

remarks against any membe¥r shall be grounds fer

dise*pline under these canon laws.

6 Peggy Lou Riker, et al., vs.

Any attempt to divert property-of any temporal

aeeney from its religious piurposes or to misuse the

same contrary to the doctrines of the ecclesiastical

organization as defined by the ecclesiastical Church

Government shall be grounds for discipline under

these-canon laws.

Any blasphemous statements oer utterances shall

he erounds for discipline under these canon laws.

Aiding, encouraging or advistne any person to

depart from the Christian ideals, as taught by the

ecclesiastical Church organization, shall be grounds

for diseipline under these canon laws,

Aiding. abetting, advising or encouraging, di-

rectly or indirectly, in any schism or division or *

separation from the Church organization, except

by democratic meaiis in conformity with the Church

constitution or its amendment, shall be grounds for

discipline under these canoa laws,

Duties of Officers

Crnon Law No, 26- Duties of Keclesiastical Head.

The Keelesiastical Head of the Chareh Govern-

tneut Shall desienate the various examining com.

mitters, and speeriy their duties,

ft Shall be the duty of the Eeelesiastical Tead

of the Chureh Government beth personally and

through @xamining committees to determine the

teachings, doetrimves. religious observances, and. re-

ligtens practices in the various projects, groups,

eonorecntions and seeteties of the Chureh and that

>

-

Commissioner of Internal Revenue 57

they are maintained according to the religious doc-

trines, teachings, practices and observances of the

ecclesiastical organization, and in conformity there-

with.

Canon Law No, 27—Dnuties of Secretary.

There shail be designated a Secretary, who shall

keep the records of the ecclesiastical matters of the

Church Government, and perform such duties as

the Ecclesiastical Head shall designate in the mat-

ter of correspondence,

Canon Law No. 28—Privileges of Officers.

It shall always be the privilege of any officer of

the eeclesiastical Chureh Government to attend any

meeting of any committee or areney, to inspect

their meeords, to require a repert of any financial

or property matter, to require an accomit of any

temporal ageney or officer or member handling

roney for or on account of any Chureh activity or

trust or religious purpose, and: to make any maquiry

whieh any such Chuich Government officer shall

deem Necessary, proper oF convenient,

Conon Law No. 20—Eeclesiastical Head. Is) Pas

tor to All Members.

it shall be the privilege of the Feelesiastical Head

of the Chureh Government to be the pastor to all

of the various members: of the society, regardless

of where they may be loeated, live or be, and re-

vardless to what) project, congregation, eroup ar

¢

58 Peggy Lou Riker, et al., vs.

society they may belong; to minister to them, and —

to give or perform the sacraments. The ordained

members and pastors shall perform the duties of

their ministry in whatever area they may be as-

signed by the Church Government.

Judicial

Canon Law No. 30—Establishment of Ecclesiastical

Courts (Church Judiciary ).

There are hereby created ecclesiastical courts of

the Church Government to be known and designated

as the “Church Judiciary.” The Church official or

officials acting as and exercising the ecclesiastical

court powers or as arbitrator, evaluator or in de-

termining damawes, shall be designated as “judge”

of the Church Judiciary.

Canon Law No. 31—Appointment eof Judges and.

Duties and Powers of Church Judiciary.

The Advisory Board, with the written approval

of the Eeclesiastical Hegd of. the Church Govern-

ment, shal appoint one or more members of the

ecclesiastical organization as judge of the Church

Judiciary, to hold office until his successor is ap-

pointed. The Advisory Board, at the time of

appointment, shall designate the area in which such

judge shall act. Any such judge: of the Church

Judiciary who shall, for any reason, determine he

is disqualified to act in any matter, shall report

such disqualification to the Advisory Board, and

the Advisory Board, with the written approval of

Commissioner of Internal Revenie 59

the Ecclesiastical Head of the Church Government,

shall destgnate and appoint another person to act

as sueh judge of the Church Judiciary. In such

hatter Wherein such disqualification bas been re-

ported, but not in any other matter.

The Judge ‘of the Chureh Judiciary shall pro-

mulgate and adopt rules of procedure, in con-

formity with the Anglo-Saxon concepts of justice.

Pleadings may be oral or written, and cif oral the

Judge shall cause them to be reduced to writing in

the Church Judiciary reeords,

Violation of any canon law shall be grounds for

diserpline and. the Church Judiefary shall punish

only after notiee and an opportunity: for a fair

trinho and: punishment shall be sueh as the Chureh

Judiciary may determine, up te excommunication,

and may be condithonal: and may be staved upon

Sich terms and conditions as the Chureh Jndienry

or the Reviewnne Nutherity) may Cetertmine. pend-

Misr My Review,

Amv person dn and: dtsenplinary proceedimes. whe

tus be dissatisfied with ans tinal pudement or de-

cistomy may either oralls orn Writing within ten

I) dass of such judement or decision state to the

Chiureh Judietary that lie or she qe dissatistied wath

such judetment and deetsionr: ated ask for a review

thereof. Wherenpen the judge of the Chureh dn

dietary shall certify his records in the case together

witha Sumimnars of afl testimony and proceedings

to the Eeeclesiastical Head of the Church Govern-

tment. and satd Reelestastieal Pbesad) <hiall enue sore

60 Peggy Lou Riker, et al., vs.

impartial person licensed to practice law to examine

said records, together with any statement such ae-

eused may wish to incorporate or submit and if

such. impartial person certifies or states in writing

that substantial justice Jhas: been afforded the ae-

cused, and there is nothing, in his opinion, that was

a miscarriage of justice, either in the procedural

or substantive matters ino such proceedings, the

judgment shall be affirmed, otherwise the Eeclesias-

tical Head shalb set aside the Judgment or decision

amd return the record, together with the opinion

of such impartial third person, to the Church

Judiciary for further proceedings in’ conformity

with such Opinion.

The Eeclosiastieal, Head of the Church Govern-

ment shall have power and authority at any time

to pardon, commute or reduce any punishment, of

any Judgment or decision of the Church Judiciary,

In disciplinary matters,

anon Law Ne. 32 -- Church. Judiciary Powers

(Contin ied).

The Chureh Judiciary shall have jurisdiction te

deterniine all disputes and «controversies involving

all right to offiee, all authority off all officials and

persons Within the Church Government or any part

thereof, or any temporal ageney, all membership

weording to its various classifications, and the

scope and aithority of any and all temporal ayen-

eles ond the rights te property as between them

Commissioner of Internal Revenue - 61

and any person or group of the Church, matters

of doctrine and belief as therein involved and afl

other eeclesiastien} and organizational matters. De-

termination of membership, according to the various

classes, ‘qualifications, office, and all other ecclesias-

tical and organizational matters shall be determined

by the various officials of the Church Government,

and such determination shall be final and conclusive

upon all persens under these laws unless ao pre-

ceeding is submitted te.the Church Judiciary and a

final decision or determination thereon ix obtained.

Canon Law No. 33-- Church Judiciary Powers

(Continued ).

Irrespective of any dispute, question or contre

versy, the Chureh Judiciary shall have jurisdietion

to determine membership, authority, qualification

and powers of any person or official or temporal

aveney under these canon laws. In such proceed-

ings. all interested persons shall have notice and an

opportunity to be heard in accordance with these

canon laws.

Any person who believes himself to be aggrieved

by any action or omission of any other person

under these canon laws shall be entitled to a fair

and impartial hearing before the Church Judiciary,

ahd in such proceedings, the aggrieved person may

at his option ask for no more ov other rehef than

viudieation on the records of the court.

AIL persons subject to these canon laws shall he.

hound by the deeision of the Church Judiciary,

62 Peggy Lou Riker, et al., vs.

whether interlocutory or final, and shall promptly

obey all orders vand directions thereof including

orders to appear, or to give testimony.

Any interested person under these earion laws

who believes himself aggrieved by any order, judg-

ment or decision of the Church Judiciary in ecclesi-

astieal or organizational matters may, within ten

(10) eh thereafter either orally or in writing, se

state to the Ecclesiastical Head of the Church Gov-

ernment or the judge of the Church Judiciary,

whereupon the order, judgment or decision shall be

reviewed as in these canon laws provided.

Cano Law No. 34--—-Notice of Proceedings.

The Chureh Judiciary shall, by its rules, provide

for notice to be given In ant proceedings. If the

whereabouts or location ef ang person under these

eanon laws are unknown te the judge of the Churet

Judiciary, notice of at least ten (10) days may he

eiven te any person under these canon laws by

sending the notice by United States registered mail,

retuma receipt demanded, to the last known address

of suelo person as shown by the records of thi

ecclestustient Chivvel Government,

Canon Law New 5a -Seleetion of Arbitrator ¢(Reou

lations (ioverning Arbitration).

As om the early Christian Church before the time

Wf Constantine, all eivil and temporal matters in

dispute between Christians were submited to the

Church authorities tor deetsion rather than te seb

Commissioner of Internal Revenue 63

mit such matters to the Roman courts, so also shall

all disputes be submitted in all ecclesiastical matters

to the Church: Judiciary and in civil and temporal

matters to arbitration as in these canon laws pro-

vided.

The ecclesiastical Judiciary competent te aet, in

the area involved is hereby designated as the arbi-

trator, evaluator and /or umpire of all matters that

may be the subject of dispute. [In the event it is

impossible to obtain a fair and impartial arbitrator.

evaluator and/or umpire from among the Church

Judiciary, then the Advisory Board of Elders shall

designate an impartial person to act as such arbi-

trator, evaluator and/om umpire. En any arbitration

no person Who is interested shall take part in such

arbitration as an arbitrator, it being the intention

of these canon laws that such arbitrator shall be

absolutely fair and impartial and in all respects

capable of rendering a fair and impartial decision

and award. In the event it is impossible te obtain

a fair and impartial arbitrator from among the ”

Church) Judiciary, then such arbitrater or arbi-

\trators shall be designated and. seleeted by the

pee Board of Elders, and such arbitration

shall be conducted ino accordance with California

Code of Civil Procedure, Sections 1280 to 1293; and

the decision of the arbitrator shall be final and con-

clusive upon the parties. No person who is inter-

ested in such dispute shall act in such selection of

an arbitrator: but the Advisory Board shall act,

without such interested person ‘oe persons, and its

4

64 Peggy Lou Riker, ‘et al., vs.

quorum for the purpose of such selection and ap-

-pointment of an arbitrator or arbitrators shall be

determined by deducting the number of such -dis-

qualified members of said Board from the number

otherwise required to constitute a quorum. Should

it be impossible to obtain an arbitrator from. the

Church Judiciary, and should the Advisory Board

of Elders for any reason fail and neglect to appoint

arbitrators or should all of the Advisory Board of

Elders be disqualified te act. then it: shall be the

duty of the College of Pastors to select and appoint

the arbitrator or arbitrators; sueh arbitrator or

arbitrators: shall conduet the arbitration according

to Califonia Code of Civil Procedure, Sections 1280

to 1293 and the award and decision of arbitration

shall be final and conclusive upon the parties. Tt is

the intention of these canon laws to select the arbi-

trator or arbitrators from among the membership

of the ecclesiastical society of the Church: that all

disputes invelving civil and temporal “matters he

settled by aftbitration conducted. in accordance with

the Civil Code of Procedure of California, and the

award and or decision of ar®itration shall be fina!

and conclusive upon the parties. [t is the intention

that detesuination of. values and all questions of

the amount of damages shall be determined hy

evaluators and or umpires; and all previsions of

these canon laws as to arbitration shall extend te

<uch matters of determination of values, and all

questions of the amounts or damages.

Commissioner of Internal Revenue 65

Canon Law No. 36—Qualification of Arbitrator.

The judge of the Church Judiciary shall act as

arbitrator, evaluator or umpire under all disputes,

questions and controversies, unless” disqualified to

act. No such judge of the Chureh Judiciary shall

act in any such matter until he has determined he

has no interest in the controversy, question or dis-

pute that he can render a fair and impartial de-

cision, award or finding therein, and that he knows

of nothing that would prevent him from acting as

such arbitrator, evaluator or umpire. It shall be

the duty of any party to such arbitration, evalua-

tionor determination to file a written detailed state-

cment of facts with anv such judge of the Church

Judiciary or other person acting as arbitrator,

evaluator oF umpire, stating all matters which the

party believes will prevent such person from ren-

dering a fair and impartial decision or award or

finding or that would affect the qualifications of

such person to act as an arbitrator, evaluator or,

umpire, immediately Upon the commencement of

any sigh proceedings; or Hf not discovered until

later, immediately upon discovery.

All proceedings for arbitration, valpation or’

determination Involving any question, dispute or

controversy under any agreement to arbitrate, de-

termine damages or value shall be held striethy in

accordance with the provisions of Sections [280 to

1293 of the California Code of Civil Procedure.

Any award, determination or valuation thereunder

2

66 Peggy Lou Riker, et al., vs.

shall be. final and conelusive upon the parties

thereto. |

Canon Law No. 37—Request for Review (Regula-

tions Governing Reviews).

* A

Tn all matters involving organizational or ecclesi-

.

astical controversies or jurisdiction exercised by

the Church Judiciary, any interested person or

party to such, proceedings may, within ten (19)

days after the act of such Church Judiciary, state

orally or in writing to the Church Judiciary or to

‘the Eeclesiastical Head of the Church Government

that he or she is dissatisfied with the decision; judg-

ment or findings of the Church Judiciary, and ask

for a review thereof. Whereupen the Church Ju-

diciary shall make an entry in its records of such

request for a review, giving the date thereof, and

certify a copy of. the Church Judiciary records in.

the case of proceedings together with a summary

of all testimony and proceedings to the Ecelesiasti-

cal Head of the: Church Government. The = said

Eeelesiastical Head, upon receipt of such record,

shall cause some impartial person licensed to prac-

tice law to examine said record together with any

statements or briefs of the aggrieved person or any

other interested persons. Such impartial person so

examining said-record shall either certify that there

is nothing in his opinion that was a miscarriage of

justice, either in the procedure or the substantive

matters, so as to substantially affect the rights of

any. parties thereo, or specify wherein there was a

iniscarriage of justice so as to substantially affect

Commissioner of Internal Revenue 67

the rights of any of the parties thereof. In the

former cases, the acts of the Church Judiciary shall

be affirmed. In the latter case, the Eeclesiastical

Head shall return the record together with the

opinion .of the impartial person examining the

record for further proceedings in conformity with

such opinion.

Nothing herein contained shall provide for any

review of any matter or proceedings Involving arbi

tration, Valuation or determination of damaves.

a ad Certificate ;

I, ALE. Knapp, Secretary of the Ecclesiastical

Society of Christ's Chureh of The Golden Rule. de

hereby certify this and the foregoing 26 paces’

(being a total of 27 pages) to be true and correet

copies of the “Constitution of Christ's Chureh of

The Golden Rule and **Canon Laws of Christ’

Church of The Golden Rule’ which were adopted

in convention at the San Franéisco Theological

Seminary on February 1th, 1948. and approved

and accepted by more than ninety-five per cent

(95%) of the Loyal) Ecclesiastical Affiliates of

Christ's Church of T © Golden Rule.

Ih Witness Whereof, I have hereunto set my

hand this 13th dav of Mareh, 194s.

[Seal] . /sf A. E. KNAPP.

Received and filed February 19, 1993, P.CLULS.

Served February 19, 1953.

6 . Peggy Lou Riker, et al., vs.

[Title of Tax Court and Cause.] .

; | Docket No, 46,978.

AMENDED.PETITION

Now comes your petitioner, Peggy Lou Riker,

and.amends her petition on file in the abov e-entitled 7

matter. to show:

i

‘That eens aph II is amended by changing the |

last sentence thereof to read:

“That the amount of tax ‘in controversy if?

$1,984.03.”’

IT.

That — IIT of the petition is amended

to read:

That the Commissionér erred:

(1) In refusing your petitioner any deductions

for gifts made to Christ's Church of The Golden

~ Rule, an exempt organization under Sec. 101(6) in

any. sum or at all. . | !

(2) That income of your petitioner from all

sources during said accounting period was the sum

of $277.39 per person, herself, and her minor. child

residing with her, being an undivided 1/575 inter-

est in the net income of the Apostolic Society; that

said income from the two persons is shown ahd

‘reported in the return as $754.78. That said income

is a proportionate share of the gross receipts, in-

cluding gifts, to the Common Community Treasury

ad

Commissioner of. 1 nternal Revenue - 69

‘of the Apostolic Society of Christ’s Church ,of The.

Golden Rule.

>

**(3) That the Commissioner disallowé@ the ex-

pense of $168.61 for, property and sales taX@s as a

proper deduction.”

ITI.

That Paragraph IV of the — petition is

i mended to read:

; >-

“That the facts upon which your petitioner rely

are:

(1) That during the entire period of time in- .

volved in the return, and during 1948 and at: all

times herein mentioned Christ’s Church of The

Golden Rule was and is a Church and religious

society and. its principal temporal agency was and

is the Elected Detegates Committee of the Eeclesi-

astical Society of Christ’s Church of The Golden

"Rule, which committee held all money and property

in trust and was organized to act for the ecclesiasti-

eal organization for religious purposes Pursuant to

the Church Constitution and Canon Laws, a eopy of

which is attached hereto marked Exhibit B and

incorporated herein by reference, That 'said Church

is and was an exempt organization and- within the

' provisions of Section 101(6) and all money and —

property were and are held for religious purposes

-only and: no part inures nor inured to the benefit

of any person, individual or private shareholder,

now is nor was any part used or usable for propa-

ganda or to. otherwise influence legislation.

79 Peggy Lou Riker, et al., vs.

(2) That your petitioner, during the calendar

year, ran and operated a certain project of Christ's

Church of The Golden Rule known as ‘Your Food

Fountain’ at 901 E. Base Line Blvd., San Bernar-

dino, California; that said project was established

from funds provided by the temporal agency of the |

said Church; and was conducted under licenses in

the name of vour petitioner. That the said temporal

agency passed under the control of the Bankruptey

Court in Los Angel@@and an agreement was made

hetween the Trustees in Bankruptey and the Elected

Delegates Committee’ of the Ecclesiastical Society

of Christ’s Church of The Golden Rule, whe reby

the said committee acquired the interest of said

trustees in Bankruptcy. That the said -taxpayer,

together with affiliates of the said Chireh, ran and

operated sdid Food Fountain, up to January 20,

1948, and all gross receipts therefrom. were de-

posited directly in the bank account of said Elected

Delegates: Commyttee, and the affiliate making the

deposit executed Church Form known as No. 399

and transmitted the original thereof to the com-

mittee. That all expenses attendant with the oper-

ation of Your Food Fountain up to January 20,

1948, from October 1, 1947, and prior thereto, were

paid from a commercial banking account designated

as Your Food Fountain Project Account. That dur-

ing said period of time up to January 20, 1948,

listed items of expenses of operation of the Food-

Fountain were submitted with an agreed budget to

the said committee, and the said committée would

from time to time draw its check for the said proj-

Commissioner of Internal Revenue 71

ect account to permit payments of said expenses

of operation. That there was no commingling of the

said-Elected Delegates’ bank aecount and the said

Project Acgeunt. Thé gross reteipts shown in the

taxpayers’ return from the start. of the fisea? vear

on October 1, 1947, to January 20, 1948, were. the

sums directly deposited to the said committee’s ac-

count, and said gross receipts appear in the tax

return of the said committee as an Apostolic Society

under the item of ‘Application of Student Min-

isters’ Training Program’ for the vear 1948. That

the expenditures from the said Project Account,

supported by paid or receipted vouchers, were car-

ried on the said committee’s books under its respec-

tive item of expense or disbursement, and the

expenses of the conduct of the Fountain to Janu-

ary 20, 1948, appear in the said Apostolie Society's

return as a portion of the ‘Items of Expenses and

Equipment, Materials and Supplies of Student

Minister Training Projects.”. That from January

20, 1948, to June 30, 1948, a consistent effort was

made by the said committee to sell the said Foun-

tain as a going business and to clear up the cloud

of the claim of the trustees in Bankruptey. That

during said period, the taxpayer was the sole

Church affiliate in the business, and she ‘used three

separate partners, mostly relatives, to conduct the

business. That the taxpayer transmitted her share

of the earnings, as received from each partnership,

to the Church, together with a Form No. 399. That

these funds given from January?20, 1948, to June

; 30, 1948, were transmitted to the said Elected -Dele-

72 Peggy Lou Riker, et al., vs.

gates Committee and are reported by the said com-

mittee as part of the Apostolic Society’s income in

‘said Society’s tax return, as part of the item ‘Gifts

from Individnals.”- That on July 22, 1948, the said

Elected Delegates Committee purchased such 4inter-

estas the trustees in Bankruptey claimed in said

Fountain, and the said sale was duly confirmed by

the said Bankruptey Court. That the purchase

price note of $1,500 was duly exeeuted by the said

committee and delivered by the said committee to

the said trustees in Bankruptcy and paid by the

said committee to the said trustees in Bankruptey

according to the terms of said purchase note. That

after July 22, 1948, the said project Your Food

Fountain was operated and all the profits therefrom

paid to the committee, after. the deduction of ex-

penses connected therewith, and the said business

was sold by the said committee and the entire net

proceeds received by the committee were deposited

in its bank account. That during the entire fiseal

period from and after October 1, 1947, and until

the sale of Your Food Fountain by said committee,

your taxpayer resided with a group of the Apostolic

Religious Societv’s members of said Church living

in San Bernardino. That the said group paid for

Its living expenses from the Project Aecount, and ”

all living eXpenses were required to be made and

were according to an approved budget duly sup- -

ported by paid vouchers, and such. vouchers were

submitted monthly to the said committee: and the

said committee would and did provide funds from

its bank account for such Project Account, inelud-

Commissioner of Internal Revenue 73

-ing the cost of operation and the actual expenses

of living of said Apestolic Society group. That the

amounts and sums in said approved budget for liv-

ing expenses were determined by the duly consti-

tuted government of ‘said Church government. That

the personal living expenses of said group are in-

cluded in the said committee's tax return designated

as ‘Student Minister Maintenance.’ That during

all of said time the taxpayer’s minor daughter, then

seven ‘and eight years old, lived with taxpayer at

the said San Bernardino Apostolic Society group

of said Church, and all. the adults’ of Said group

were affiliates of said Church and part of the

Apostolie Society of said’ Church. That said corn-

mittee’s tax return was made as an Apostolic

Society, and the Common Community Treasury

thereof, upon a Form 1065, and all the income

therefrom was reported by each of the persons in

said Apostolic group as income, whether received

or not, pursuant to the said requirements of Sub-

division 18 of Section 101, Revenue Code. That said

proportionate share was reported as the sole income

of the taxpayer, for herself and her minor child as

two proportional units thereof as aforesaid. |

(3) That your petitioner expended during said

vear the sum of $168.61 as and for property’ and

sales taxes, which were proper deductions for com-

puting income for tax purposes,”’

- IV. a

That the said prayer be amended by appending

thereto the following:

74. ‘Peggy Lou Riker, et al., vs.

“That the Court determine that the funds of

Your Food Fountain are properly income of the

said committee of said Chureh,-and that your tux-

payer is taxable under the provision of Subdivision

18, Section 101 of: the Revenue Code, only for her |

proportionate share, whether received or not, for

herself and her minor child, after deduction of

personal exemptions of the taxpayer and her minor —

child therefrom.” |

/s/ HOWARD BL

CRITTENDEN, JR.,

Attorney for Petitioner.

.

Duly verified.

AFFIDAVIT IN SUPPORT OF

PETITION TO AMEND

State of California,

City and County of San, Francisco—ss.

Howard B. Crittenden, Jr., being first duly

sworn, deposes and says: That he is attorney for

the petitioner in the above-entitled matter.

That the above-entitled action together with the

(irasmee and the Grossheim cases are three test *

eases selected from the group pending. before the

Agent’s office in San Francisco involving members

of Christ’s Church of The Golden Rule. That there

is an understanding that the determination on these

cases will be conelusive upon the parties and the

Commissioner of Internal Revenue 75

Commissioner in the determination of the matters

pending for said years. That the said (irasmee case

and the said Riker case were selected to present

the question of Subdivision 6, Section 101, Exemp-

“tion: and the Grossheim case presented the report-

ing and exemption under Subdivision 18.of Seetion

101. That in conferences with the technical staff

and General Counsel’s office, affiant, on behalf of

said taxpayers, learned that the Commissioner con-

tended that there was an error in the Grossheim

matter resulting in a negligible tax of approxi-

mately $1.00, and that the said Grosshéeim matter

would be conceded by the Commissioner before the

Tax Court, and no adjudication would therein - be

involved.

That in the course of the conferences with Mr.

Mareussen of the General Counsel's office. affiant

stated that the Riker case conld be amended to in-

elude facts sufficient to raise the matters otherwise

involved under Section 101, Subdivision 18, instead

of and in place of the Grossheim matter; and in

the Spring of 1954 affiant tendered to the said Mar-

eussen as such counsel a snegested stipulation ovt-

lining the facts: set forth in the attached amend-

ment. That by reason thereof the Commissioner

will not be prejudicedby any delay in the tendering

of the amendment. That it was stated to affiant by

the successor to Mr. Marcussen, as attorney for the

Commissioner, that said attorney could not join in

the stipulation as to the facts recited in the pro-

posed written offer, but only as to the formal docu-

76 Peggy Lou Riker, et al., vs.

ments attached thereto and the authentication and :

due execution thereof.

* —./s/ HOWARD B.

; CRITTENDEN, JR.

Subscribed and sworn to before me this 19th day

of October, 1954:

[Seal] /s/ AGNES M. COLE,

Notary Public in and for the City and County of

San Francisco, ‘State of California.

‘My commission expires August 28, 1955.

_ Affidavit of Service by Mail attached.

Lodged October 25, 1954.

_ Filed at hearing November 1, 1954.

[Title of Tax Court and Cause.]

Docket No. 46,978.

ANSWER TO AMENDED PETITION

Comes now the Commissioner of Internal Rev-

enue, respondent above named, by his attorney,

Daniel A. Taylor, Chief Counsel, Internal Revenue

Service, and for answer to the amended petition

filed by the above-named petitioner admits and

denies as follows: :

Admits the allegations contained in paragraph I

of the amended petition.

Commissioner of Internal Revenue 17

II.

Denies that the Commissioner erred in the deter-

mination of the deficiency as alleged in paragraph

II of the amended petition.

TTT.

Denies the allegations contained in paragraph IIT

“of the amended (petition and all subparagraphs

thereunder.

. IV.

Denies the allegations contained in paragraph TV

of the amended petition.

Wherefore, it is prayed that the Commissioner’s

determination be approved and the petitioner's ap-

peal denied.

/s/ DANIEL A. TAYLOR,

Chief Counsel, Internal

Revenue Service.

Filed at hearing November 2, 1954.

Served November 2, 1954.

[Title of Tax Court and Cause.]

Docket Nw. 46,979.

AMENDMENT TO ANSWER

Leave of the Court having first been obtained,

Comes now the Commissioner of Internal Rev-

enue, respondent above named, by his attorney,

78 Peggy Lou Riker, et al., vs.

Daniel A. Taylor, Chief Counsel, Internal Revenue

Servicasand amends his answer to the petition filed

by the ‘above-named petitioner by striking the

. prayer therefrom and adding the following:

ve

Further answering the petition herein, respond-

ent alleges as follows:

(a) On each of her returns for the taxable years

1948 and 1949 petitioner claimed two exemptions,

one for herself and one for her. mother.

(b) Petitioner’s mother did not receive from

petitioner over one-half of her support for the tax-

able vears 1948 and. 1949. Petitioner is therefore

not entitled to an exemption for her mother in

either of said years.

(¢) There is accordingly due from petitioner

such increased deficiency in income tax for each of

the years 1948 and 1949 as will result from the dis-

allowance of the exemption claimed with respect to

petitioner's mother.

Wherefore, respondent prays that the Tax Court

redetermine the deficiencies in income tax for the

taxable vears, 1948 and 1949 to be the amounts de-

termined by the Commissioner in his notice of

deficiency, viz., $86.53 and $90.00, respectively, plus

such increased deficiency as may be indicated on a

Rule 50 computation resulting from the further

adjustment described herein, claim for which is

Commissioner of Internal Revenue — . 79

hereby made pursuant to the provisions of Section

272(e) of the Internal Revenue Code.

/s/ DANIEL A. TAYLOR,

Chief Counsel, Internal

Revenue Service.

Nd

Received and lodged September 8, 1954. _

Filed September 9, 1954, T.C.U.S. |

Served September 10, 1954.

[Title of Tax Court and Cause.]

MEMORANDUM DECISION

1. Held: Income derived from the operation of

a restaurant by petitioner was her income and not

that of the Church organization to which she con-

tributed it. |

29. Held: Part of ‘amounts contributed to a

Church organization by petitioners was not de-

ductible as contributions to a religious organization,

since the Church was not organized and operated

exclusively for religious purposes within the mean-

ing of Section 23(0), Internal Revenue Code of

1939. |

3. Held: Dependency exemption for petitioner’s

mother disallowed, since her support was received

from the Church. |

80 Peggy Lou Riker, et al., vs.

HOWARD B. CRITTENDEN, JR., ESQ, x

For the Petitioners.

T. M. MATHER, EgQ.,

For the Respondent.

MEMORANDUM FINDINGS OF FACT

AND OPINION

Respondent determined a deficiency in income

tax against petitioner -Peggy Lou Riker in the

amount of $1,584.03 for 1948, and deficiencies of

$86.53 and $90 for 1948 and 1949, respectively,

. against petitioner Freda H. Grassmee. By amend-

ment to respondent’s answer in the case of Freda .

Grassmee, an increased deficiency was claimed he-

eause of respondent's disallowance of an exemption

claimed with respect to her mother.

The cases were consolidated for hearing and de

cision. . .

The questions we have to determine .are (a)

whether income derived from the operation of a

restaurant by petitioner Peggy Lou Riker. was in-

come taxable to her or to a religious organization,

‘of which she was a member; and if taxable to her

(b) whether.she. is entitled to a deduction for the

vear 1948 for contributions to a religious organi-

zation under Section 23(0), Internal Rev enue Cod:

of 1939. In the case of Freda H. Grassmee the

questions are whether the contributions to the same

religious organization for the years 1948 and 1949

are deductible, and whether she is. entitled to a

*

.

Commissioner of Internal Revenue 81

4

dependency exemption for her mother for .those

vears.

Findings of Fact

The petitioners are individuals. During her fisca!

year 1949 Peggy Lou Riker lived in San Bernar-

dino, Califernia. During 1948 and a part of 1949

Freda Grassmee lived in Los Angeles; in August,

1949, she moved to San Francisco. Both petition-

ers’ returns for the years in question. were filed

with the collector of internal revenue for the first

district of California at San Francisco.

Christ's Chureh of The Golden Rule is a religious

nonprofit California corporation (hereafter called

the Church). The Church was organized in 1944.

1n 1945 the Chureh was adjudicated a bankrupt and

during 1948 and 1949 was in bankruptcy.

The Chureh adopted a constitution anc canon

laws in 1948. The religious beliefs of the Church

are set forth in the constitution which declares a

helief in a true God, in Jesus Christ, the scriptures

and in salvation through repentance.

The economy of the Church is declared to be

based on economic equality and the property and

earnings of its members in the words of the con-

stitution |

should be owried and managed by the Churel

for the benefit of all mankind if accordance

with the rules and regulations of the ecclesi-

astical society of this Church, that God may

82 Peggy Lou Riker, et al., vs.

be glorified and all a directly or indi-

“rectly benefited.

The ecclesiastical affairs of the Church are in the

-hands of an organization consisting: of a senior

elder, an advisory board of elders, and a college of °

* pastors. |

The temporal affairs of the Church are in the

hands of ‘‘temporal ageneies”’ subject to the con-

trol of the ecclesiastical authorities. Such affairs

are carried on through charters granted by the

senior elder with the advice of the advisory hoard,

to the ‘‘various congregations, iene and other

temporal activities * * *.’’-

According to- the canon laws of the Church, a

‘charter could be granted, withheld or revoked upon

whatever térms and conditions the Church Govern-

ment designated. The canon laws of the Church

provide, inter, alia, that all temporal agencies are

to hold ‘‘their property upon a -private trust for

the ecclesiastical organization,’’ and

All transfers, conveyances and sales. shall be

presumed to be bona fide gifts to the Lord's

work unless there be conditions or understand- .

ings or promises. to the contrary if writing,

duly approved in writing by the duly consti-

tuted ecclesiastical Church Government.

In operation, activities of Church members are

of two types. Some members devote all of their:

time to working in Church. projects and studying

to be ministers of the Church’s teachings. These

Commissioner of Internal Revenue 88

are called student ministers, and they live in apos-

tolie societies called ‘“‘Student Minister Training

Projects.’’ One purpose of these projects, most of

which were engaged in commercial cetivities, is to

spread the teachings of the Chureh by having the

publie witness the application of these teachings

in everyday life. Some projects were not engaged

in commercial activities but simply operated resi-

dential facilities for Church members. Members

living in both types’ of projects contributed their

earnings to the Church. Other Church menihers

lived at home and participated in Church activities.

The Church operated a theological seminary.

The principal temporal agency ‘of the Church is |

the Elected Delegates Committee (hereafter called

the Committee) which was formed in 1946.

During 1948 and 1949 thé Committee eperated

various student minister training projects. It also

operated the Church treasury and carried on vari-

ous commercial activities in competition with pri-

vately owned enteiprises, Including, among others,

a restaurant, a laundry, a lumber yard, bulb gar-

dens, farming, stock raising and a warehouse. These

enterprises were operated for profit. Gross receipts

from the operation of these projects were sent. to.

the Committee covered by a. form stating that the

transfer was an outright gift from the * project

manager and was to be used only for Church pur-

poses, .

_ For 1948 and 1949 the Saad filed amended

returns of income on Treasury Department form

-

84 Peggy Lou Riker, et al., vs.

990 as an organization exempt under section 101

of the Internal Revenue Code of 1939, and also

amended returns as an apostolic society on the

partnership form 1065, The returns showed the

Committee’s gross income for 1948 as $484,981.44,

of which $347,489.99 was reported as received from

the operation of student minister training projects,

and $137,491.45 from contributions and gifts. “In

1949 gross income of $409,590.05 was reported, of

which $352,528.70 was from the operation of student

minister training projects and $56,033.27 was from

vifts and contributions. On the Committee's re-

turns. as an apostolic society, the undistributed pro_

rata share of each member of the apostolic society

Was reported as $342.27 for 1948 and $316.17 for

1949.

During the taxable years Peggy Lou Riker was

a member of the Chureh. Prior to joining the

Church Peggy Lou and her husband had operated

a drug store in partnership with his parents. The

partnership was dissolved and Peggy Lou and her

husband took the fixtures of the business and made

a cash settlement with his parents. The fixtures

were then used to set up a student minister train-

ing project to operate a restaurant under the name

of **Your Food Fountain” (hereafter sometimes

called the Fountain). Peggy Lou was manager of

the project and the business license was in her

name. Her'duties included giving religious instrue-

tion to ‘members’ of the project, who varied in

number from 12 to 17. All of the receipts from the

Commissioner of Internal Revenue 85

operation of the Fountain were turned over to the

Committee on a form such as that described above,

signed by Peggy. Lou as project manager. Funds

were in turn allocated by the Committee from the

Church treasury for the operation of the Fountain

and the living expenses of the members of the

group. -

While the bankruptcy proceedings of the Chureh

_ were pending, Peggy Lou sued the trustees in bank-

ruptey to establish her ownership of the equipment

of the Fountain. An agreement was made in May,

1947, between Peggy Lou and the trustees relating to

the Fountain while the litigation was pending, which

provided that Peggy Lou was to operate the estab-

lishment until the lawsuit involving ownership was

settled. The income during this’ period was to be-

long to Peggy Lou and she was to pay the trustees

certain amounts to be deposited by the trustees in

a trust fund account. All operating expenses were

to be paid by Peggy Lou.

From May, 1947, until July, 1948, the restaurant

was operated under this agreement. Of this. period,

from.May, 1947, until Fanuary. 1948, the restaurant

was run as a “Chureh project,” and the earnings

“were turned over to the Committee by Pégey Lon.

From January, 1948, until June, 1948, Peggy Lou

ran the business in private partnership with-other

persons who were not members of the Church, and

from June until September, 1948, she operated the

business on a percentage basis with a prospective

purchaser of the business. Her partnership share

86 _ Peggy Lou Riker, et al., vs.

of the restaurant’s earnings was contributed to the

Committee. For five months of her fiseal year 1948,

January 20 to June 30, Peggy Lou filed partner-

ship returns for three different partnerships that

operated the restaurant in thiy, period. In July,

1948, the assets of the restaurant were sold to the

Committee for $1,500. Peggy Lou consented to the

sale.

Peggy Lou filed an income tax return for her

fisenl vear 1948 (October 1, 1947, until September

30,°1948), which disclosed a net profit of $7,568.25

from the operation of a restaurant business under

the name of ‘‘Your Food Fountain.’’ A memo-

randum attached to the return read as follows:

Item 2. Wages, ete.

Taxpayer was employed by Own Business’ for a

gross Income of $8959.11 during the taxable vear.

However, under the rules of the apostolic society

fof which taxpayer is an associate) that all in the

society share their income, $8959.11 was contributed

to and became vi part of the income of the apostolic

society, and is reported as part thereof, Taxfiaver

would therefore be taxed twice on the same income

by reporting at as wages and also’ as a dividend.

For this reason, this latter sum is reported only

as part of the dividend or taxpayer's pro rata share |

of the net income of said apostolic religious society.

(See Item No. 3 Dividends.)

Item 3. Dividends.

1/575 interest in $217,001.54 net income of the

Elected Delegates” Committee of the Eeclesiastieal

Commissioner of Internal Revenue 87

Society of Christ’s Church of The Golden Rule,

and Apostolic Religious Association for its account-

ing period of Oct. 1, 1947, to Oct. 1. 1948, This was

‘not received as a dividend, but is reported under

See, 101(18)—Per person in Association $377.39.

Number of persons in taxpayer's family who

were. in association and obtained support from

Society during period:

Me Ries WITT. 6c css cee cbse esse $754.78

In her return for 1948 Peggy Lou claimed the

sum of $8,959.11 as gifts to the Church. This claim

was disallowed by the Commissioner and this action

was alleged as error in the original petition, In an

amended petition it was prayed that the income of

the Fountain bé found to be the income of the

Church,

Facts With Relation to Petitioner Freda H. Grass-

mee.

Freda H. Grassmee was employed in a law office

in Los Angeles during 1948 and 1949. She was a

member of the Church. She contributed practically

all of her salary for those years to the Committee.

She and her mother lived in a Church residential

project and participated in religious activities of

the Church. Both ‘received. their support from the

Church. Freda’s income tax returns for 1948 and

1949 contained memoranda as to the disposition

of her income similar to that attached to Peevey

Lou’s return. On her returns for both years she

claimed a dependency exemption for her mother.

88 Peggy Lou Riker, et al., vs.

The Commissioner disallowed the deductions

claimed as contributions to the Church in 1948 and

1949. In an amended answer he claimed increased

deficiencies based on disallowance of the depend-

eney credits claimed for Freda’s mother. .

Opinion

Tietjens, Judge: —

In the petition originally filed petitioner Peggy

Lou claimed that all of the income derived from

the operation of the restaurant ‘‘Your Food Foun: —

tain’? was donated by her to the Elected Delegates’

Committee. By amendment to her petition she

claimed that the income was nof hers but was the

Committee’s; that her only income was her propor-

tionate share of the Committee's net income for the

year, which, though not actually received, was ap-

portioned te her as a member-of an ‘apostolic asso-

ciation.”

Peggy Lou made her return for 1948, the year

in question here, on a fiseal year basis, October 1,

1947, until September 30, 1948. Our findings show

that she entered into an agreement in May, 1947, -

with the trustees ino bankruptey under which she

was to operate the Fountain until her claim to

ownership of the restaurant equipment was judi-

cially determined. This agreement expressly ‘pro-

_ vided that all funds derived from the operation of

the restaurant were to belong to her, and she was

to make certain payments to the trustees. It ap-

pears that she, continued to operate the restaurant

+

Commissioner of Internal Revenue 89

under this agreement until July, 1948, when the

yestaurant equipment was, sold to the Committee.

According to her testimony, during that part of her

fiscal year from October, 1947, to January, 1948,

she ran the restaurant as a Church project, she

heing project manager; and from January to June,

1948, the restaurant was run as private -business

by a partnership of which she was a member. Dur-

ing the latter period the operation of the resteurant

was not a Church project. Although the restaurant

equipment was sold to the Committee in July, 1948,

Pegey Lou continued to operate the business until

September, 1948, on what she termed a ‘‘percentage

basis”? with another person who was interested in

buying the property. Late in 1948 or early in 1949

the Fountain was sold, the Committee receiving the

purchase price. In the October-January’ period the

vross receipts of the business were turned over to

the Committee by Peggy Lou as a gift..and in the

came manner she turned over her share of the

proceeds of the business in the January-June and

dune-September periods.

On the basis of the foregoing evidence we think

it is clear that at least during the October to July —

period Peggy Lou operated the restaurant under

the agreement with the trustees in bankruptcy and

the income she received from its operation was bers

and not the Committee's. Income is taxable to the

one who eninis it or otherwise creates the right to

receive it and to enjoy the benefit of it when paid.

Helvering v. Horst, 311 U.S. 112 (1940). The in-

90 Peggy Lou Riker, et al., vs.

come was earned principally as a result of Peggy

Lou’s efforts in operating the restaurant. Accord-

ing to the agreement with the trustees she had an

unqualified right to receive the funds from the

operation of the restaurant and her testimony was

that she actually received them. That her enjoy-

ment of the income‘ consisted of donating it to the

Committee cannot relieve her of the liability for

tax on its receipt. Helvering v. Horst, supra.

The status of the income from the operation of

the restaurant in the period from July to the end

of Peggy Lou’s fiseal year, September, 1948,.is less

certain. There is no breakdown as to what amount —

"of restaurant income was earned in this period.

Petitioner has the burden of overcoming the cor-

rectness of respondent’s determination that the in-

come was hers. To meet this burden the evidence

is that the restaurant equipment was owned by the

Committee in this period, and upon the sale of the

restaurant late in 1948 or early in 1949, the pur-

chase price went to the Committee. On the other

hand, Peggy Lou testified that she operated the

restaurant in this period on a percentage basis with

a prospective purchaser, and that she received a

share of the receipts of the business, which she

donated to the Committee. On this- state of the

‘record we can hold only that petitioner has failed

to meet her burden of proof, and that respondent’s

determination should stand.

Having determined that the income from the

operation of the restaurant was taxable to Peggy

Commissioner of Internal Revenue 91

a]

‘Lou, the next question is whether a part (15 per

cent of her adjusted gross:income) of the amount

she turned over to the Committee may be deducted

as a charitable contribution under section 23(0),

Internal Revenue Code of 1939. The refusal of the

respondent to permit any amount as a contribution

to a religious organization was one of the assign-

ments of error in Peggy Lou’s amended petition.

The same question is presented in the case of Freda

(irassmee, who was privately employed and turned

over almost all of her income to the Committee.

That part of section 23(0) which is pertinent

here provides:

In computing net ‘income there shall be allowed

as deductions:

(o) Charitable and Other Contributions. — In

case of ‘an individual, contributions or gifts pay-

ment of which is made within the taxable vear to

or for the use of:

{2) a corporation, trust, or community

chest, fund, or foundation, * * * organized and

operated exclusively for religious, charitable,

scientific, literary, or educational purposes,

* * * no part of the net earnings of which

inures to the benefit of any private shareholder

or individual * * * |

te an amount which in all the above cases combined

does not exceed: 15 per centum of the taxpayer's .

adjusted gross ineome. -

92 Peggy Lou Riker, et al., vs.

The respondent claims (a) that the Committee

was not organized and operated exclusively for the

purposes required by the statute, because one of

its principal activities was the operation of various ”

business ventures; and (b) that since the senior

elder of the Church has exclusive control of the

Church and its property, the earnings of the Church

may inure to his benefit or to the benefit of other .

Church officials who are empowered to request an

election as senior elder.

Our findings of fact show that according to the

constitution and canon laws of the Church the

Committee was set up to handle the temporal affairs —

of the Church, as distinguished from its spiritual or

ecclesiastical affairs. In carrying out this purpose it

operated a restaurant, a laundry, a lumber mill, and

various other commercial enterprises, which were

its principal sources of, income during the years

in question. In determining whether an entity is

‘organized and operated exclusively for- religious,

charitable, * * * or educational purposes’” within

the meaning of section 101(6), Internal Revenue

Code of 1939, in order to determine its qualification

as a tax exempt organization, this Court has denied

exemptions to those organizations set up to engage

in business activities, despite the fact that the in-

come earned is to go to an exempt organization. So.

‘even if we assume so far as this phase of the case

is concerned, that the ecclesiastical society of the

Church, the beneficiary of the Committee's earn-

ings under the Church constitution, is a religious

Commissioner of Internal Revenue 93

.organization qualified under section 23 (0) this does

not help petitioners. We are cognizant that some of

the circuit courts have differed with us on this ques-

tien, and hold that where the organization in ques-

tion is operated to produce income for a tax exempt

body, the producing entity is also exempt from tax-

ation under section 101: Roche’s Beach, Ine.. v.

Commissioner, 96 F. 2nd 776 (C.A.2, 1938), reversing

35 B.T.A. 1087; C. F. Mueller Co. v. Commissione;,-

190 F. 2d 120 (C.A.3, 1951), reversing 14 T. C. 922;

contra, United States v. Community Service, 189 F.

2d 421 (C.A.4, 1951), certiorari denied, 342 U. S.

932 (1952). The language of section 101 (6), ‘‘or-

ganized and operated exelnsively for religious * * *

purposes,’ is identical with that ‘of section 23 (0), —

which describes the types of organizations to which

contributions are deductible. We think our decisions

under section 101 (6) should have equal applica-

bility where the qualification of an organization

under section 23 (0) is in question. Following our

prior decisions, we hold that the Committee. was

not organized and operated exclusively for religious

purposes, because the reason for its organization.

as shown by the constitution and laws of the

‘Church, was to conduct the temporal affairs of the

Church and these in fact consisted principally of

various commercial enterprises.

Our holding that the Committee does not qualify

as a religious organizatien to which contributions

- are deductible under section 23 (0) does not com-

pletely dispose of the question of the deductibility

94 —C Peggy Lou Riker, et al., vs.

of petitioners’ contributions, since such contribu-

tions are deductible if ‘‘made * * * to or for the

use of’’ a qualified organization. In John Danz, 18

T.C. 454 (1952), (aeq. C.B. 1952-2, 1), we held that

contributions to a trust set up to benefit exempt

charitable’ organizations were deductible, even

though the trust itself did not qualify as organized

and operated exclusively for the purposes enumer-

ated in section 101 (6), since such contributions

were “for the use of’? the exempt charitable organi-

zations. To the same effect is United States v.

Weed, U.S.D.C. Mo., May 11, 1954 (C.C.H. 54-1

U.S.T.C. 9414; 1954, P.H. @72,631). Our hold-

ing in John Danz cannot be aptly applied here,

since we do not think that the ecclesiastical society

of the Church can qualify as organized and op-

erated exclusively for religious purposes. In that

case there was no question that the beneficiary

organizations qualified under section 23 (0), and

the entity engaged in business was not carrying on

the work of the beneficiary organizations. Here the

laws of the’ Church provide specifically that a

temporal agency is to act for the ecclesiastical

Church; A temporal agency is required to be char-

tered by the ecclesiastical Church Government, and

the charter may be revoked upon whatever terms

the Church Government may designate. All prop-

erty or income received by a temporal agency is

to be held in trust for the benefit of the ecclesi-

astical society of the Church. Thus it is apparent _

that the Committee is an agency of the ecclesiastical

sodety of the Church for carrying out the latter's

Commissioner of Internal Revenue 95 .

temporal functions; this being so, its commercial

activities should properly be ascribed to the ec-

clesiastical society itself in determining the latter’s

qualification under section 23 (0). In fact, we have

before us little evidence of activities of a purely

. spiritual nature, as commonly understood, being

carried on by the Church. ‘Although the ecclesias-

tical society was established to administer the spirit-

ual functions of the Church, the Church’s principal

function seems to have been the various projects

supervised by the Committee, which were engaged

in different business activities. Cf. Trinidad v. Sa-

grada Orden, 263 U.S. 578 (1924). This is under-

standable in light of the fundamental beliefs of the

Church, which are-not typical in that the emphasis

is not on formal religious worship. The Chureh has

no chureh buildings. Its principal reliance is on

having its members live in a manner exemplifying

Christ's teachings, particularly by living in a self-

less manner. Its student minister training projects,

while engaging in commercial activities, were de-

signed to permit the public to witness the applica-

tion of Christ’s teachings to evervday life. Thus the

very means chosen by the Church to attain its

spiritual purpose involve engaging in commercial

activities through its principal temporal agency,

the Committee, and we eannot say that the eeclesi-

astical society was éperated exclusively for religious

purposes as. required by section 23° (0). Conse-

quently the petitioners are not entitled to deduc-

tions for contributions for the use of a religious or-

ganization.

96 Peggy Low Riker, et al., vs.

The respondent has also disallowed the depend-

-ency exemptions claimed by Freda Grassmee for

her mother for, 1948 and 1949. During these years

the mother lived with Freda in a Chureh project

and received her support directly from the Church.

Freda’s theory, we take it, is that part of the

earnings she, turned over to the Committee was

for the support of her mother. There is no evidence

that the support received by the mother was con-.

ditioned on the making of a contribution or the pay-

ment of money by Freda. We think the record

supports the claim made in the Commissioner’s an-

swer that Freda did not contribute over half of the

support of her mother and the Commissioner's

elaims for increased deficiencies are approved.

Decisions will be entered under Rule 50.

Reeeived August 1, 1955.

Served August 11; 1955,

~The Tax Court of the United States

Washington

Docket No. 46978

PEGGY LOU RIKER,

Petitioner,

vs. :

. COMMISSTONER OF INTERNAT REVENUE,

| Respondent.

DECISION

Pursuant to the determination of the Court as

set forth in its Memorandum Findings of Fact and

Commissioner of Internal Revenue — 97

Opinion filed August 11, 1955, the respondent hav- —

ing duly filed a proposed computation in accord-

ance therewith and the petitioner having failed,

after dué notice, to file a counter proposed compu-

tation or to object at the hearing on December 14,

1955, to the computation as made by the respondent,

it is hereby

Ordered and Decided: That there is a deficiency

in income tax in the amount of $1,404.68 for the

‘taxable year 1948.

/s/ NORMAN O. TIETJENS,

Judge.

Entered: December 15, 1955.

Served: December 16, 1955.

The Tax Court of the United States

Washington

‘Docket No. 46979

FREDA H. GRASSMEE,

Petitioner,

’ Ys.

COMMISSIONER OF INTERNAL REVENUE,

| Respondent.

DECISION

Pursuant to the determination of the Court as set

forth in its Memorandum Findings of Fact and

98 Peggy Lou Riker, et al., vs.

Opinion filed August 11, 1955, the respondent hav-

ing duly filed a proposed computation in accord-

ance therewith and the petitioner having failed,

after due notice, to file a counter proposed compu-

tation or to object at the hearing on December 14,

1955, to the computation as made by the respond-

ent, it-is hereby

Ordered and Decided: That there are deficien-

cies in income tax.in the amounts of $84.80 and

$25.50 for the.taxable years 1948 and 1949, respec-

tively. rs

/s/ NORMAN O. TIETJENS,

Judge.

Entered:. December 15, 1955. -

‘ Served December 16, 1955.

[Title of District Court and Cause. ]

Docket No. 46978 and 46979

PETITION FOR REVIEW

The above named petitioners, Peggy Lou Riker

and Freda H. Grassmee, herewith petition for re-

view of the decisions dated December 15, 1955, in

the above-entitled matter (consolidated at the time

of trial) which said decisions determined a defi-

ciency of $1404.68 against the petitioner Peggy Lou

Riker for the taxable year 1948, and determined a

deficiency of $84.80 against the petitioner Freda °

Commissioner of Internal Revenue 99

?

‘H. Grassmee for the year 1948 and the sum of

$25.50 for the taxable year 1949 against said pe-

titioner Grassmee, and from the whole of said de-

cisions. Petitioners and each of them declare that

they seek said review in the Cireuit Court of Ap-

peals of the United States, in and for the Ninth

Cireuit; state that up to and including 1953 and at

all times herein mentioned prior thereto, each of the

petitioners was a resident of the City and County

of San Franciseo, and since 1953 each states that

she .was and now is a resident of the County of

Marin, State of California, and at all times both

said petitioners were and now’ are residents of the

Northern District of California, Southern Division,

and each filed her personal income tax returns in-

cluding the returns involved in the above-entitled

matter, with the Collector of Internal Revenue, San

Francisco, California. The nature of the controversy

in the ahove-entitled matter is the amount of income

and deductions subjeet to personal income tax for the

petitioners Riker during the calendar vear 1948,

and Grassmee during the calendar vears 1948 and

1949; that both of the petitions involve the deduecti-

hility of gifts by each of the said) petitioners te

their religious society, Christ's Church of the

Golden Rule, up to 15% of. their income, said gifts

and each of them being exclusively for religions

purposes and were paid to the principal temporal

agency of said church, to wit, the Elected Delegates

‘Committee of the Ecclesiastical Society of Christ's

Church of the Golden Rule; that the matter involv-

100 Peggy Lou Riker, et al., vs.

ing the petitioner Riker involves in addition

thereto, whether said petitioner is taxable for only

a proportional share reported for the taxable year

1948, of an activity of the said religious society in

the conduct of its religious practices, in the aposto-

lie form covered by Section 101, Subdivision 18, or

whether the said petitioner Riker is taxable for the

related income, the fruits of the efforts of a group

‘of which she was an official, in the conduct of their

ministry and religious practices in said church.

Dated this 13th day of January, 1956.

/s/ HOWARD B. CRITTENDEN, JR. -

Attorney .for Petitioners Peggy Lou Riker and

Freda H. Grassmee.

HOWARD B. CRITTENDEN, JR.,

Attorney at Law.

Affidavit of service by mail attached. ©

Filed January 16, 1956, T.C.U.S.

Commissioner of Internal Revenue 101

In the T ax Court of the United States

Docket Nos. 46977, 46978, 46979

WOLF H. GROSSHEIM and ORPHA GROSS-

HEIM; PEGGY LOU RIKER, FREDA H.

GRASSMEE, “

Petitioners,

VS.

7 * .

COMMISSIONER OF INTERNAL REVENUE,

Respondent.

PROCEEDINGS

Courtroom 421, Appraisers Building,

630 Sansome Street,

San Francisco, California:

Tuesday, November 2, 1954.

The above-entitled matter came on for hearing,

pursuant to notice to the parties, at 2:00 o'clock

p.in.

Before: Honorable Norman O. Tietjens, Jr,

Presiding.

Appearances :

HOWARD B. CRITTE NDEN, JR., ES

For the Petitioners.

T. M. MATHER, ESQ.,

Kor-the Respondent.

. * *

102 - Peggy Lou Riker, et al., vs.

a. ee MARIAN T. HUFF

was ealled as a witness by and on behalf of the pe-

titioners, and, having first duly affirmed, was ex-

amined and testified as follows:

The Clerk: Will you_state your name, please?

The Witness: Marian T. Huff. |

The Court: If you will pay attention to the

questions that your counse! asks you and try to an-

“swer the question as it is asked and-in as loud and

clear a voice as voy ean, so we can all understand

vou, please.

The Witness: All right.

Direct Examination

By Mr. Crittenden:

Q. Mrs. Huff, what is: your connection with

Christ Church of the Golden Rule?

A. Tam Student Minister of Christ Chureh of

the Golden Rule, Mr. Crittenden. [11] 3

Q. Do you hold any position ?

AL Yes, Lam Secretary to the Elected Delegates

Committee. ;

Q. Are you a member of that Committee /

A. Yea; Tam. |

Q. . And does that Chureh operate under the-

any particular Constitution ar laws?

A. Yes. Our Chureh is organized under a Con-

stitution and Canon laws. ~

Q. I see. .

Commissioner of Internal Revenue 103

(Testimony of Marian T. Huff.)

Q. (By Mr. Crittenden): I show you here a

certified copy of. the. Church’s Constitution and

Canon Laws, and ask. you if that is. the Organic

Law.of the organization ?

A. Yes, that-seems to be a complete copy, Mr.

Crittenden.

Mr. Crittenden: May I offer this in evidence as

the Petitioner’s Exhibit next in order?

The Clerk: WwW ell, pardon me. Did I unde retand

there is [12] a stipulation of facts in | this case

.Mr. Crittenden: No.

~The Clerk: Therc is not? Well, this is Petition-

er’s Exhibit No. 1. |

Mr. Mather: No objection.

The Court: It will be admitted.

(Petitioner’s Exhibit Number 1) was re-

ceived in evidence. )

Q. (By Mr. Crittenden): Now, under that

Constitution and the Canon Laws was there any

appointment made as to the Elected Delegates Com-

mittee as to what the position of the Elected Dele-

gates Committee was undér those Laws and Consti-

tution ?

A: The Elected Dele antes Committee ts a tem-

poral agency of this Church and it functions under

a charter from the Ecclesiastical Church Govern-

ment and as the temperance—the main one for the

Churehi—it handled the Apostolic Community's

common treasury. “

ean il

104 Peggy Lou Riker, et al., vs.

(Testimony of Marian T. Huff.)

Q. Now, in 1948 did you file an amended return

for the organization under the 990 form?

A. Yes, we did.

Q. 1 will show you a copy. Is that'a copy that

eame from your files? A. That is riglit.

Q. Now, there was a list—this is complete with

these [13] inserts, is it? You may examine them.

A. I believe so, Mr. Crittenden, ves. |

Mr. Crittendef: Counsel; we ask if we may have

a stipulation to use the copy instead of the Gov-

ernment’s original.

Mr. Mather: IT have no objection.

Mr. Crittenden: All right. I will offer in evi-

denee as the Petitioner’s Exhibit next in order-—

The Clerk: This is the amended return ?

Mr. Crittenden: That is the amended return for

the vear ending September 30, 1948, for the Elected

Delegates Committee. on form 9990, |

The Witness: Was’ that for the vear 1948 or

49, Mr. Crittenden ? ,

Mr. Crittenden: That is the “48. T will have the

“49 in time.

The Court: It will be admitted.

(Petitioner's Exhibit) Number 20 was re-

ceived in evidence. ) | '

Q. (By Mr. Crittenden): Now, at the san

time was 1065 return filed for the same period /

A. Yas. ¢

(). And this is an amended réturn that I am

showmng you: there. Is that a copy From) Your

Commissioner of Internal Revenue 105

(Testimony of Marian T. Huff.)

‘files? [14] A. That is correct.

Q. Now, was there a list of names in there in

addition to the—— A. Yes. —

Q. And how many names appeared on it?

A. . Well, in 1948 there were 575, I. believe. Let

me check just a second.. It shows in here. 575 in

1948. |

Mr. Crittenden: Now, may we have the sfpula-

tion to use this copy instead of the original in the.

possession of the Government ?.

Mr. Mather: No objection.

Mr. Crittenden: We will offer this in evidence

as Petitioner’s Exhibit next in order. ;

The Clerk: Exhibit No.3. amended return.

The Court: It will be admitted.

(Petitioner’s Exhibit Number 39 (was) re-

ceived in eidence. )

QY. (By Mr. Crittenden): Now, there is an

amended return by the same Committee for the

vear ending September 30; 1949, on Form @90, and

loask you if this is a copy from your tiles?

A. That is correct. Mr. Crittenden. [15] -

aa * *

Mr. Crittenden: * * * We will offer this in eVvi-

dence as the Petitioner’s Exhibit next in number,

Mr. Mather: No objection.

The Clerk: Petitioner’s Exhibit No. 4.

The Court: [It will be admitted.

(Petitioner's Exhibit Number 4 was re-

ceived im evidente. )

Sinaia)

ns

106 Peggy Lou Riker, et al., vs.

(Testimony of Marian T. Huff.)

Q. (By Mr. Crittenden): At this time did you

file a form on behalf of the Committee on the

‘Form 65? A. Yes, that was done each year.

Q. And was there a list of names of the mem-

bers of the group that were attached on the original

that was filed? = A. Yes. |

Q. That is not included in that copy?

A. No, that is not inciuded in that.

Q. How many names were included?

A. 602 in 1949. [16]

* * *

The Court: It will be received.

(Petitioner’s Exhibit Number 5 was re-

ceived in evidence. ) .

Q. (By Mr. Crittenden): Now, Mrs. Huff, dur-

ing each of these years did all of the individuals

named in these returns file individual returns?

A. Yes, there were individual returns made.

Q.. Now, for the year 1948 I show you a photo-

static copy of Peggy Lou Riker’s return, and I will

show you a mimeographed sheet. Was that type of

a sheet attached to each one of the returns?

A. Yes, that is the form upon which we re-

ported it. . « :

Q. Now, when I say ‘teach one of the individ-

uals,’” was that by family groups or by each indi-

vidual who was named in the complete return?

A. Each individual that is named in the com-

plete return. |

Commissioner of Internal Revenue 107

(Testimony of Marian T. Huff.)

Q.. Well, now, for instance, Peggy Lou Riker

had a daughter? - A. Yes.

Q. How was that handled?

A. I would have to examine the records to see

for certain how that was reported.

Q. There are two returns shown here, two per-

tions? [17] .

A. That is right. What I was hesitating about:

is- whether it was by name or by count. Yes, there

are two portions there.

Q. So that these were filed by family groups?

A. That is right. at

Mr. Crittenden: Now, to keep the record

straight, the witness was shown and testified from

thix photostatic copy of the Riker return, Mav |

put all of these in as.one composite return by stip-

ulation ? , .

“My. Mather: Well, I have no objection to—I

- think the partnership return should go im as one

and the individual returns as another for identifi-

cation purposes, |

Mr. Crittenden: All right, We are going to offer

in evidence this photostatie copy which is, as T un-

derstand ‘it, the Government's copy in lieu of the

original.

Mr. Mather: That is correct. |

Mr. Crittenden: Of the return of Peggy Lou

Riker, which included in it this mimeographed

sheet showing two—one fractional interest reported

at $377.39 each, a total of $754.78, and on Page 1

under ‘‘Item 3° the sum of *‘‘knter here total

108 Peggy Lou Riker, et al., vs.

_ (Testimony of Marian T. Huff.) :

amount of your different dependencies on attached

memorandum ’’—$754.78, which is shown on the face

of the return. - :

We are offering that in evidence as the Petition-

ers’ Exhibit next in order. [18]

’ The Clerk: Petitioner’s Exhibit No. 6.

Mr. Mather: No objection.

The Court: It will be admitted.

_(Petitioner’s Exhibit No. 6 was received in

— €@videnee.)

- Q. (By Mr. Crittenden): Now, during

these——

* . & *

Mr. Crittenden: I am offeripg these with the

same stipulation from counsel, these photostats may

be accepted in lieu of the originals of the three part-

nership returns of Mrs. Riker, ** Your Foods Foun-

tain.”

There are various periods of time from January

20, 1948, to and including June 30, 1948, and these

are offered as a composite exhibit next in order.

The Clerk: Petitioner’s Exhibit No. 7.

Mr. Mather: No objection. [19]

The Court: .They will be admitted.

(Petitioner's Exhibjt No. 7 was received in

evidence. ) |

Q. (By Mr. Crittenden): Now, during the

vears 1948 and ‘49 did the Elected Delegates Com-.

mittee have any sources of income ?

Commissioner of Internal Revenue 109 .

(Testimony of Marian T. Huff.)

A. Yes, we had sources of income from the ap-

plication of our training and also from donations

and contributions that were made by the individ-

gals, members of the church.

Q. Now, when a donation or contribution or any

form of money came in from any project, how was

that transmitted ? . |

A. Well, all funds that were accepted by the

Elected Delegates Committee had to be released to

them on a regular gift form. No. 399 was the num-

ber of the form that we used during those two

years. | oa

Q. Just as an example I have one here that is

signed by Peggy Lou Riker. [I will ask you if you

ean identify that for me.

A. Yes, that is the type of release that the Com-

mittee requires on all funds that were turned over

for their use.

Q. Did you accept any money without a 399

form ? A. No, sir.

Q. Did you accept. any money outside_of the

organization membership itself? ,

A. Not for use in our ecclesiastical work,

no. [20] |

Mr. Crittenden: We will offer in evidence as

Petitioner’s Exhibit next in order, which is a Gov-

ernment Form No. 399, signed by Peggy Lou Riker.

Mr. Mather: No objection.

Mr. Crittenden: Dated January 1, 1945, and,

counsel, | gave you a photostat of that.

110 Peggy Lou Riker, et al., vs.

(Testimony of Marian T. Huff.)

Mr. Mather: Well, I have a copy of it. I don't

have a photostat of it, but I have a copy.

Mr. Crittenden: Well, here you‘are.

The Clerk: Petitioner’s Exhibit No. 8.

The Court: Admitted.

( Petitioner’s Exhibit No. 8 was received in

evidence. )

Q. (By Mr. Crittenden): Now, Mrs.. Huff, in

thix religious organization will you deseribe the var-

ious groups of people as to whether they are in the

Apostolie Sociéty or outside so the Court may un-

derstand the type of organization it is?

A. Well, in order for the Court to understand

the radieal way in which this Chureh functions, |

would have to brieflvy—if I may, your Honor—ex-

plain somewhat of the reasons why this church was

formed.

There are some aspects of this church that are

very like any other church. We have congregations

and we have precepts and interrogations of Christ

Jesus’ teachings, and that is [21] about as far as we

ean go along the line of what most people consider

to be a ehurch.

-

The reason for forming this church is based upon

this: ne

We believe that one of the reasons the world has

failed to find its Heaven here and now as Christ

Jesus its way shower said could be done is beeause

for 2000 vears all that people have done is to study

and talk about the way of. lif: that Christ Jesus -

Commissioner of Internal Revenue ——‘'111

(‘Testimony of Marian T. Huff.)

came to teach us, that it has never seriously been.

lived by men of the world in the way that Christ

Jesus expected His Disciples and those whom His

Disciples taught to follow His teachings.

There would have been no point in founding

another church to have steeples and spires and con-

gregations gathering one day a week to have the

teachings of The Master explained to them. Heaven

knows there are churches enough in the United

States and the world that have been trying to do

that for centuries, so when this church was formed

it was with the idea that its members would. make

a life of this church, that they would live these

teachings in whatever walks of life in which they

were asked to serve, and that maybe by actually

applying these teachings we would be able to prove

all of the premises that the Master Christian made

to the world 2000 years ago.

Now, if we can bear that in mind, it will help

us to understand how this church functions, One

of the laws that [22] Christ Jesus came to give us

was this: ‘‘That giving does not impoverish, ner

does withholding enrich.’’ That is, most of the ills

of the world are suffered because man’s selfishness

and his greed and his desire to get something for

himself rather than to give all that he has to glorify

his Creator. ,

If giving does not impoverish, then we call into

play a very basic universal law that when one gives

with no thought of return there is a multiplication

112 Peggy Lou Riker, et al., vs.

(Testimony of Marian T. Huff.)

of universal law which takes place that brings back

to that person all that he needs.

The Master Christian expressed it this way:

‘‘Why take ye thought for what ye shall eat or

drink or wherewithall ye shall be clothed, for Your

Father knoweth that ye has need for all these

things, but seek ye first The Kingdom of God and

His enpeoneeeme and all these things shall be

added unto you.’

Therefore, anyone becoming a methber of the

Church does so with the full understanding that it

is a way of life, that he goes to Church 24 hours a

day, that everything he does, every bit of effort .he

gives, every bit of material possession he may give

will never in return endure to him personally in any

form of benefit. :

He takes up his studies and begins to learn the

very radical interpretation that this Chureh places

upon Christ [23] Jesus’ teachings, and his life

from then on is dedicated to the Lord’s work, and

he has just one thing to learn, and that is that he

must learn how to give selflessly if he is to aceom-

plish what he came into this (hurech to be a Min-

ister for.

Prédicated upon that, we decided that if we, were |

going to live these teachings, then we would be able

to produce a working éxample of how you take

Christ Jesus’ teachings and apply them to your

everyday life. and produce the results that he said

could be brought to pass.

He didn’t say that you would be taken care of

Commissioner of Internal Revenue 113

(Testimony of Marian T. Huff.)

if you did just carpentry work like He did. He said

that the law was ever operative, and that it applied

to all walks of life, and He chose His Disciples

from all walks of life, and he took them through

the land to the people in all walks of. life.

So He proved it to us that if we were going to live

His teachings, it didn’t matter what we did with

our hands, that Christianity was something to be

lived 24 hours a day in everything you do.

So in order to bring our Ministry to the world

in a way that they would be able to see how it actu-

ally worked, we had to have a cross section of proj-

ects, what we call Student Minister Training Proj-

ects in which we would permit the public to come

in and see us daily us we applied these . teach-

ings [24] to whatever we happened to he doing.

. That is the principal way in whielf we promul-

gate and spread the teachings of our chureh, Con-

sequently, we have no chureh buildings, so-called.

Q. Now, Mrs. Huff—— A. Yes. |

Q. ——-vou have given us the outline of those

who were working in the ministry, Are there any

members of the Church who aré net aetually en-

gaged in the Ministry ? pen

A. That is the one point, Mr. Crittenden, at the

beginning of my remarks I said we were like

churches in several respects that we do have congre-

gations. Those congregations are different classifi-

cations of membership.

Some of them live in their own homes, some » of

them have not come in and taken up the study of

ey

114 Peggy Lou Riker, et al., vs.

(Téstimony of Marian T. Huff.)

the Ministry but they contribute their efforts and

they study, and they are definitely members of this

Church. ©

But student ministers in this Church who take

up this work as a life’s work must live in the Apos-

tolie Society, they must dedicate their entire lives

to learning how to live this way of life in order that

they may be teachers and way showers as ‘was

Christ Jesus. —

Q. Now, Mrs. Huff, were these people who were

not living on the projects holding meetings, or do

they hold meetings of any kind? [25}

A. They have meetings in their homes, yes, Mr.

Crittenden, and from time to time some of the stu-

dent ministers in the church visit them and conduct

services with them. 7

They are in close touch ‘with the ecclesiastical

part of our work, but they are not required to live

under the conditions that student ministers do, and

. they are not a part of the Apostolic Society, , so-

called.

Q. Now, among the Apostolic Society, what do

you call the groups when they live together?

A. Those are called Student Minister Training

Projects. :

Q. And where are these located in general terms,

throughout the United States or just-——

A. At one time we had student minister train-

ing projects located throughout California and part. ~

of Oregon. 04

Q. In 1948 sini "49?

Commissioner of Internal Revenue 115

(Testimony of Marian T. Huff.)

A. In 1948 we still had some student minister

training projects in Oregon as well as California.

Q. Were they a-part of the Apostolic Society

group? A. Oh, yes, yes. .

Q. And at this time in 1948 was there a group

in San Bernardino? A. Yes. |

Q. Where was that located?”

A. It was located out on Base Line, East Base

Line, San Bernardino. [26]

Q. With Mrs. Riker?

A. With Mrs. Riker, ves. It was known as

“Your Foods Fountain.”’ |

— Q. And was there a group in Hollywood?

‘A. Yes. We had several in Los Angeles, there

was a group in Hollywood.

Q. Was Mrs. Riker—correction—Mrs. Grassmee

and her mother a member of any one of those?

A. They lived with the group at Holly wood,

(). Now. what was the ébjective of these par-

ticular groups that vou have deseribed ?

1 don’t mean to go into a bread picture, but what

were they attempting te do. in, each particular

group?

A. Well, these student minister training proj-

ects were set up, as [said a moment ago, for the

purpose of making it possible for the student minis-

ters to express and live in their daily activity the

teachings of their. church.

Q. Did they come in contact with the public

in these places?

A. Many of them did. At that time we had a

/

116 Peggy Lou Riker, et al., vs.

(Testimoriy of Marian T. Huff.)

number of projects where that condition existed,

and we established them primarily for the purpose

of being able to more widely disperse and promul-

‘gate our teachings by having the public come in di-

reci contact with our student ministers in training.

Q. Now, were there places like, for instance,

San [27] Bernardino, where any particular appli-

eations were undertaken to the publie of these

teachings ? A. Oh, very definitely.

Q. Well, where was that done in San Bernar- .

dino? ;

A. That was at ‘Your Foods Fountain’? on

Base Line just outside of San Bernardino.

(. How was that formed originally ?

A. Well, as I reeall, Mr. and. Mrs. Riker were

in business in San Bernardino, and they disposed

of that business and took the fixtures from it and

purchased this property out on East Base Line and

built up the student minister training activity.

there. | 7

Q. AppPoximately how many people were there

in 1948, or, say, from September, 1947?

A. Conservatively, I would imagine at least

twelve, maybe more: but I am sure there was at

least a dozen student ministers there.

Q. Now, was there any income to the Committee

from that activity ?

A. All of the proceeds from that activity, ves,

eame to the Elected Delegates Committee of ¢ Christ

Church of thé Golden Rule.

Commissioner of Internal Revenue 117

(Testimony of Marian T. Huff.)

» Q. And how was it received in this particular

. form?

A. It was released by Mrs. Riker, as the oper-

ator of that activity, to the Elected Delegates Com-

mittee on form [28] 399.

Q. Was that all the gross rec eipts up to Januar Vv

of 1948?

A. Oh, yes, ves. There was an account. Our

_ banking arr uni is this:

The returns from any student miniator *< veen-

pation went into an Elected Delegates Comunittee

hank account as a deposit, and no funds were ever

withdrawn from that locality; and then what we

call the “revolving funds’? which were established

hy the Ecclesiastical Church Government, to meet

the expenses of the Apostolic Soc iety came to the

local groups under a project account from whieh

they could withd

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