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Hernandez Vs. Commissioner

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  • US Supreme Court
  • Jun 05, 1989

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67 entries 5 linked 62 unlinked
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  1. Mcgowan Vs. Maryland US Supreme Court · May 29, 1961
  2. WisconsIn Vs. Yoder US Supreme Court · May 15, 1972
  3. Aguilar Vs. Felton US Supreme Court · Jul 01, 1985
  4. Widmar Vs. Vincent US Supreme Court · Dec 08, 1981
  5. Larson Vs. Valente US Supreme Court · Apr 21, 1982
  6. U.S. 680 (1989) U.S. Supreme Court Hernandez v. Commissioner
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  7. U.S. 680 (1989) Hernandez v. Commissioner
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  8. in auditing and training sessions and by interfering with their observance of the doctrine of exchange, United States v. Lee
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  9. services at the local level, under the supervision of the mother church. Church of Scientology of California v. Commissioner
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  10. Id. at 580, quoting DeJong v. Commissioner
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  11. of individual taxpayers. The lower courts have generally embraced this structural analysis. See, e.g., Singer Co. v. United
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  12. States, 449 F.2d 413, 422-423 (Ct.Cl.1971) (applying this approach and collecting cases), cited in United States v. American
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  13. collecting cases). We likewise focused on external features in United States v. American
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  14. preference for payments made in the expectation of gaining religious benefits or access to a religious service. Foley v. Commissioner
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  15. Foley, supra, at 98, citing Winters v. Commissioner
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  16. beliefs are not sincerely held, but not on the ground that such beliefs are inherently irreligious, see United States v. Ballard
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  17. present size. We are loath to effect this result in the absence of supportive congressional intent. Cf. United States v. Lee
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  18. is a central danger against which we have held the Establishment Clause guards. Aguilar v. Felton
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  19. Widmar v. Vincent
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  20. Thomas v. Review
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  21. Brief for Petitioners 44. Our decision in Larson v. Valente
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  22. preference exists, we proceed to apply the customary three-pronged Establishment Clause inquiry derived from Lemon v. Kurtzman
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  23. Bob Jones University v. United
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  24. involves no inquiries into religious doctrine, See Presbyterian Church in Page 490 U. S. 697 U.S. v. Mary
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  25. U. S. 440 , 393 U. S. 451 (1969), no delegation of state power to a religious body, see Larkin v. Grendel's
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  26. at 473 U. S. 414 , does not of itself violate the nonentanglement command. See Tony and Susan Alamo Foundation v. Secretary
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  27. of valuation an inquiry into the cost (if any) to the donee of providing the good or service. See, e.g., Oppewal v. Commissioner
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  28. Winters v. Commissioner
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  29. DeJong v. Commissioner
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  30. religious belief or practice and, if so, whether a compelling governmental interest justifies the burden. Hobbie v. Unemployment
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  31. Thomas v. Review
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  32. not proscribe the payment of taxes in connection with auditing or training sessions specifically. Cf. United States v. Lee
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  33. Foley v. Commissioner
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  34. unifying principle, let alone whether such a principle would embrace payments for auditing and training sessions. v. For
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  35. Together with No. 87-1616, Graham et al. v. Commissioner
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  36. of its taxes, and had conducted almost all activities for a commercial purpose. Church of Scientology of California v. Commissioner
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  37. individuals. It did not address the other bases of the Tax Court's decision. Church of Scientology of California v. Commissioner
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  38. Compare Christiansen v. Commissioner
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  39. Miller v. IRS
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  40. F.2d 500 (CA4 1987) (same), cert. pending, No. 87-1449, with Neher v. Commissioner
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  41. Staples v. Commissioner
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  42. second, its principal or primary effect must be one that neither advances nor inhibits religion, Board of Education v. Allen
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  43. U.S. at 403 U. S. 612 -613, quoted in Larson v. Valente
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  44. taxes, and conducted almost all of its activities for a commercial purpose. See Church of Scientology of California v. Commissioner
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  45. the IRS challenged the payments themselves in order to expedite matters. Tr. of Oral Arg. 26-29. See also Neher v. Commissioner
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  46. deduction for religious school tuition up to the market value of the secularly useful education received. See Oppewal v. Commissioner
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  47. Corporation of Presiding Bishop of Church of Jesus Christ of Latter-day Saints v. Amos
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  48. U.S. Supreme Court Hernandez v. Commissioner
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  49. United States v. Lee
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  50. Church of Scientology of California v. Commissioner
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