http://www.hisholychurch.info/study/gods/bvb.htm
The Body of Christ Vs.
The Body of the State looks at the Church established by Jesus Christ and
churches established under the State with strict operational restrictions.
Thus shall ye separate the
children of Israel from their uncleanness; that they die not in their
uncleanness, when they defile my tabernacle that [is] among them.
(Le 15:31)
In America there has been a separation of
Church and State. Exactly what that separation means can be debated. What
cannot be debated is what is written in the Constitution of the United
States, also known as the Bill of Rights. Article one of that Constitution
states that, "Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof; or abridging the
freedom of speech, or of the press; or the right of the people peaceably
to assemble, and to petition the Government for a redress of
grievances."
So, all religions and churches should be
exempt from government influence. As we look out into America can we say
that this is still true or does it appear that government today both
establishes religion and prohibits religion and churches? Are churches
subject to strict operational restrictions by government authority?
And before him shall be gathered
all nations: and he shall separate them one from another, as a shepherd
divideth [his] sheep from the goats: (Mt. 25:32)
Who is supposed to establish a church
and when is it established?
I have been told more times than I care
to recall that all churches must file 1023 forms and become tax exempt as
a 501(c)(3) church. People have quoted Paul's letter to the Romans over
and over again. They declare that we are required to apply for tax exempt
status as a 501(c)(3) church because it is the law.
Is it the law that a church must be
established by the state? What is required to become exempt?
The Internal Revenue states that,
"The following organizations will be considered tax exempt under
section 501(c)(3) even if they do not file Form 1023: (a) churches, their
integrated auxiliaries, and conventions or associations of
churches,..."320
"Some organizations are not
required to file form 1023. These include: Churches, interchurch
organizations of local units of a church, conventions or association of a
church, such as a men's or women's organization, religious school, mission
society, or youth group."
"These organizations are exempt
automatically if they meet the requirements of section 501(c)(3). However,
if the organization wants to establish its exemption with the Internal
Revenue Service and receive a ruling or determination letter recognizing
its exempt status, it should file Form 1023 with the key District
Director."321
By this we can see that Churches are
automatically exempt and are not required to file. The publication does go
on to say that these organizations are exempt automatically if they meet
the requirements. Two questions should be asked:
First, what are those requirements?
Second, what is included in the
classification of organization? Note that the publication does not say
that 'churches' are exempt if they meet the requirements but only that
'organizations are exempt.'
The same section of 557 states, "If
Organizations that have a statutory requirement to apply for recognition
do not comply with the requirements relating to exemption applications,
deductions for charitable contributions will not be allowed for any gifts
or bequests made to those organizations."
Again, note the use of the word
organizations and statutory requirement to apply. None of this refers to
churches which are not required to file nor does it refer to true Church
organizations.
Are there any regulations, rules or
statutes that determine approval if you do decide to apply to be
religiously exempt?
Department of Revenue and the I.R.S.
state:
"In order to determine whether
recognition of exemption should appropriately be extended to an
organization seeking to meet the religious purposes test of section
501(c)(3), the Internal Revenue Service maintains two basic guidelines: 1)
That the particular religious beliefs of the organization are truly and
sincerely held, and 2) That the practices and rituals associated with the
organization's religious belief or creed are not illegal or contrary to
clearly defined public policy."322
On the same page of that publication we
see phrases like, "If you are organized to operate a home for the
aged, the following information must be submitted:" Or if you are a
scientific organization, "You must show..." etc. But for
religious organization there are only 'two basic guidelines' which are
merely maintained by the Internal Revenue Service. These mere guidelines
are maintained only to determine whether recognition of exemption should
appropriately be extended to an organization seeking to meet the religious
purposes test.
Are there actual statutory regulations
defining churches or their requirements to apply?
The I.R.S. rules and codes are not
statutes and have no authority of law in themselves. They are based upon
the USCS, but the I.R.S. makes no mention of statutory requirement for
Churches. "The regulations do not define the term 'church' and
Congress has given no guidance in this area. "323
Regulations do not exist for religions or churches because there is no
power granted to government to regulate or establish religions.
What statutes do exist that allow the
I.R.S. to even establish a 501(c)(3) church? If congress and the
regulations do not define the term 'church' and Congress has given no
guidance in this area.
26 USCS .508 Special rules with
respect to 501(c)(3) organizations.
(a) New organizations must notify the
secretary that they are applying for recognition of section 501(c)(3)
status Except as provided in subsection (c).... (b) Presumption that
organizations are private foundations. Except as provided in subsection
(c). any organization... (c) Exceptions. (1) Mandatory exceptions,
Subsections (a) and (b) shall not apply to --(A) churches, their
integrated auxiliaries, and conventions or associations of churches....
26 USCS . 508 - 1 Notices (a) New
organizations must notify the Commissioner that they are applying for
recognition of section 501(c)(3) status --- (1) In general. Except as
provided in subparagraph (3) of this paragraph... (3) Exceptions from
notice. (1) Paragraph (a) (1) and (2) of this section are inapplicable to
the following organizations. (a) churches, interchurch organizations of
local units of a church, conventions or associations of churches,....
26 USCS . 6033 Returns by exempt
organizations. (a) Organizations required to file (1) In general. Except
as provided in paragraph (2)... (2) Exceptions from filing. (A) Mandatory
exceptions Paragraph (1) shall not apply to (i) churches, their integrated
auxiliaries, and conventions or associations of churches,....
26 CFR Ch. 1(4-1-96 Edition) Internal
Revenue Service, Treasury . 1.508 -1 (7) Exceptions from notice.
Subparagraphs (1) and (2) of this paragraph are inapplicable to the
following organizations: (1) Churches, interchurch organizations of local
units of a church, conventions or associations of churches, or integrated
auxiliaries of a church, such as a men's or women's organization,
religious school, mission society, or youth group...
The USCS . 508, . 6033 and the CFR's
do not include Churches. All the statutes make Mandatory exceptions in the
case of Churches.
Many have told me that if you are not a
501(c)(3) church you can not deduct your contributions. For those who
believe that to be true you should know that, "Although a church, its
integrated auxiliaries, or a convention or association of churches is not
required to file Form 1023 to be exempt from federal income tax or to
receive tax deductible contributions, such an organization may find it
advantageous to obtain recognition of exemption."324
So, contributions are deductible if you
do not file. Yet many churches do file. Why? What are the advantages that
they may find under a 501(c)(3) status?
"Advantages and Disadvantages of
Exemption Under Section 501(c)(3)."
"The main advantage to classification
under .501(c)(3) is that the organization is generally spared federal
taxation of its income."325
The use of the words 'generally326
spared' should make it clear that any 'organization' granted or permitted
exemption under . 501(c)(3) is spared not because of its nature or right
but because of its 'classification.' Probably the most important word to
note is the word 'under.'
"Even if these organizations are
not required to file form 1023 to be tax-exempt, they may wish to file
form 1023 and receive a determination letter of IRS recognition of their
section 501(c)(3) status to obtain certain incidental benefits such as
public recognition of their tax exempt status; exemptions from certain
state taxes; advance assurance to donors of deductibility of
contributions; exemption from certain Federal excise taxes; nonprofit
mailing privileges, etc."327
How is it an advantage to exchange a God
given mandatory exemption as Christ's Holy Church for a classification as
an organization which is only generally spared taxation?
So, what are the disadvantages?
"The disadvantages of exemption
under .501(c)(3) stem from the strict operational restrictions."328
A church or a religion is exempt, in the
sense that it is not taxed or regulated, because the government has no
power, granted by the document that created it, to make rules to the
contrary. Do you want to be merely spared a tax although your operations
will be strictly restricted under the administrative rule of 501(c)(3)
regulations and authority?
What is a church? Congress does not
define what a Church is but the legal dictionary does consistently.
"Church. In its most general sense,
the religious society founded and established by Jesus Christ, to receive,
preserve, and propagate his doctrines and ordinances.".
"A body or community of Christians,
united under one form of government by the profession of one faith, and
the observance of the same rituals and ceremonies."329
"The Supreme court has held that
tax exemptions are a matter of legislative grace."330
Is this true with all tax exemptions or just the ones granted by the
legislative power over institution that fall under or go under their
jurisdiction?
That being justified331
by his grace, we should be made heirs according to the hope of eternal
life. (Tit 3:7 )
One exemption is by the grace of the
government of men. The other exemption is by the grace of Jesus Christ.
Who hath saved us, and called [us]
with an holy calling, not according to our works, but according to his own
purpose and grace, which was given us in Christ Jesus before the world
began, (2Ti 1:9)
If by the grace of God you have been
granted a mandatory exemption from the prohibitions and regulations by
man's governments, why would you desire an exemption by the grace of the
legislator who only generally spares taxation?
"The exemption from taxation of
money or property devoted to charitable and other purposes is based upon
the theory that the government is compensated for loss of revenue by its
relief from financial burden which would otherwise have to be met by
appropriations from public funds, and by benefits resulting from the
promotion of the general welfare."332
Is your Church established by Jesus
Christ and united under one government to receive, preserve, and propagate
his doctrines and ordinances or is it doing the work of the state
governments of men established by men for the personal benefit of men. If
your church is actually a creation of the state then who is collecting and
receiving the tithes you contribute? Who owns the church?
"The IRS, for many years has had
the right to examine church records, because churches have been collecting
taxes for many years for the government. The churches, therefore, hold in
trust that which belongs to the government. We have a right to examine
church records to see if the churches are handling government funds
properly."333
Is your Church a church of Jesus Christ or is it an organization of the
State created by men for their purposes and belonging to that State?
Have you been deceived into granting
dominion over the Church and your congregation to a foreign authority that
is an adversary to the doctrines of Christ?
Be sober, be vigilant; because your
adversary the devil334, as a roaring
lion, walketh about, seeking whom he may devour: Whom resist stedfast in
the faith, knowing that the same afflictions are accomplished in your
brethren that are in the world.
But the God of all grace, who hath
called us unto his eternal glory by Christ Jesus, after that ye have
suffered a while, make you perfect, stablish, strengthen, settle [you]. To
him [be] glory and dominion for ever and ever. Amen. (1 Peter 5:8,
11)
Why would you put the strict operational
restrictions imposed by the arbitrary and human rule of the legislators
over the Church instead of the loving and benevolent and eternal
restrictions of Jesus Christ?
Conscience, I say, not thine own, but of the other: for why is my
liberty judged of another [man's] conscience? For if I by grace be a
partaker, why am I evil spoken of for that for which I give thanks? (1
Corinthians 10:29 30)
If a church is a body or community of
Christians, united under one form of government by the profession of one
faith why does it want to go under another form of authority and
government that it is already mandatorially exempt from? If a Church is a
body or a community established by the authority of Jesus Christ then why
would it want to become a body politic established under the authority of
a democratic community of unbelievers with strict operational
restrictions?
Be ye not unequally yoked together
with unbelievers: for what fellowship hath righteousness with
unrighteousness? and what communion hath light with darkness? (2Co
6:14)
Should the church want to be considered
tax exempt under section 501(c)(3)? We have seen the advantages and
disadvantages. To be considered under the statute is to be considered
under the authority of the men who made it. Neither men nor their
government, have by themselves any power to establish or prohibit the
Church, founded and established by Jesus Christ.
The Church is mandatorially exempt.
Should it go under the power and authority of man made statutes?
All things are lawful unto me, but
all things are not expedient: all things are lawful for me, but I will not
be brought under the power of any. (1Co 6:12)
Is the Church, that was founded and
established by Jesus Christ autonomous?
Beloved, when I gave all diligence
to write unto you of the common [unclean, unholy]335
salvation [thing that keeps you safe and healthy]336,
it was needful for me to write unto you, and exhort [you] that ye should
earnestly contend for the faith which was once delivered unto the saints.
For there are certain men crept in unawares, who were before of old
ordained to this condemnation, ungodly men, turning the grace of our God
into lasciviousness, and denying the only Lord God, and our Lord Jesus
Christ. I will therefore put you in remembrance, though ye once knew this,
how that the Lord, having saved the people out of the land of Egypt,
afterward destroyed them that believed not. (Jude 1:3, 5)
Do not be a participant in the unclean
salvation with its wantonness denying the Lord God but seek out the LORD
and be a part of His body under the Lord Jesus Christ lest you be
destroyed with those that believe not. Stand fast in the faith of the Lord
Jesus, Yahshua, the Christ, our King whose kingdom was not of this world.337
Should a church be incorporated?
"Incorporate. To create a
corporation; to confer a corporate franchise upon determinate
persons."338
Isn't the Church already created by
Jesus Christ according to the legal definition of a church? If Jesus was a
king and he established his church under that one form of government with
his doctrines and ordinances then his church is already incorporated as
his corporate franchise upon the earth.
For as we have many members in one
body, and all members have not the same office: So we, [being] many, are
one body in Christ, and every one members one of another. (Ro
12:4, 5)
"Corporation (Latin corpus, a
body). An artificial being created by law and composed of individuals who
subsist as a body politic under a special denomination."339
For as the body is one, and hath
many members, and all the members of that one body, being many, are one
body: so also [is] Christ. For by one Spirit are we all baptized into one
body, whether [we be] Jews or Gentiles, whether [we be] bond or free; and
have been all made to drink into one Spirit. For the body is not one
member, but many.. But now [are they] many members, yet but one body.
(1 Co 2:12, 20)
"Corporation. An Artificial person
or legal entity created by or under the authority of the laws of a state.
An association of persons created by statute as a legal entity."340
A corporation is a legal entity created
by a state.
"Legal... Created by law."341
A corporation is an entity of the state
and its statutes.
"Establish ...To found, to create,
to regulate."342
Rooted and built up in him, and
established in the faith, as ye have been taught, abounding therein with
thanksgiving. (Colossians 2:7)
"Corporation. All corporation, of
whatever kind, are molded and controlled, both as to what they may do and
the manner in which they may do it, by their charters or acts of
incorporation, which to them are the laws of their being, which they can
neither dispense with nor alter."343
Nay but, O man, who art thou that
repliest against God? Shall the thing formed say to him that formed [it],
Why hast thou made me thus? Hath not the potter power over the clay, of
the same lump to make one vessel unto honour, and another unto dishonour? (Romans
9:20, 21)
What is the act of incorporation of the
Church established by Jesus Christ? Was it not the act of his sacrifice
upon the cross and the shedding of his blood.
When Jesus therefore had received
the vinegar, he said, It is finished: and he bowed his head, and gave up
the ghost. (Joh 19:30)
"Charter. An instrument emanating
from the sovereign power, in the nature of a grant, either to the whole
nation, or to a class or portion of the people, to a corporation, or to a
colony or a dependency, assuring them of certain rights, liberties, or
powers...is granted by the sovereign..."344
Is God not the sovereign power of his
church? Was his son's sacrifice not enough? Is the Holy Bible not the
charter of His Church? Can we add to it with a new charter? Should we?
For I testify unto every man that
heareth the words of the prophecy of this book, If any man shall add unto
these things, God shall add unto him the plagues that are written in this
book: And if any man shall take away from the words of the book of this
prophecy, God shall take away his part out of the book of life, and out of
the holy city, and [from] the things which are written in this book.
(Revelation 22:18, 19)
What is the character of the church, of
the body of Christ and from where is it derived? "The character of
the corporation and the purpose for which it was organized must be
ascertained by reference to the terms of the charter, and the right of the
corporation to its exemption must be determined like wise given by the
powers given in its charter."345
If the Holy Bible is the charter of
Church, given to us by the power of God and the church is the body of
Christ or his holy corporation then it is the character of Christ and his
purpose that shall be ascertained from His word. Therefore, also it is His
power, given in His charter, that determines His Church's exemption.
Now to him that is of power to
establish you according to my gospel, and the preaching of Jesus Christ,
according to the revelation of the mystery, which was kept secret since
the world began, (Ro 16:25)
Has the body stood fast in faith in Christ as we were warned?
Watch ye, stand fast in the faith, quit you like men, be strong.
(1Co 16:13)
Have they worshipped and called upon the name of another?
Do not they blaspheme that worthy
name by the which ye are called? (Jas 2:7)
Have we been blinded by our own pride
and vanity?
Let their eyes be darkened, that
they may not see, and bow down their back alway. (Ro 11:10)
Do we continuously call upon the
name of the Lord throughout the earth? But what saith the answer of God
unto him? I have reserved to myself seven thousand men, who have not bowed
the knee to [the image of] Baal. (Ro 11:4)
Have we taken pride in our own creation
and bowed down to it worshipping, trusting and putting our faith in the
institutions of men?
That at the name of Jesus every
knee should bow, of [things] in heaven, and [things] in earth, and
[things] under the earth; (Php 2:10)
Are we bowing our knee in the wrong
direction?
For it is written, [As] I live,
saith the Lord, every knee shall bow to me, and every tongue shall confess
to God. (Ro 14:11)
Have we given authority over what is
God's to a man appointed Caesar?
Let no man beguile you of your
reward in a voluntary humility and worshipping of angels, intruding into
those things which he hath not seen, vainly puffed up by his fleshly mind,
And not holding the Head, from which all the body by joints and bands
having nourishment ministered, and knit together, increaseth with the
increase of God. Wherefore if ye be dead with Christ from the rudiments of
the world, why, as though living in the world, are ye subject to
ordinances, (Touch not; taste not; handle not; Which all are to perish
with the using;) after the commandments and doctrines of men? (Col.
2:18, 22)
If the state, created by man,
establishes the corporation then the state is founder and creator of the
corporate church.
Now he which stablisheth us with
you in Christ, and hath anointed us, [is] God;... for by faith ye stand.
(2 Corinthians 1:21, 24)
Upon incorporation the church by the
priviledge of the State, once established by Jesus Christ, the King, is
reestablished by a new state. The Church has been reconverted and changed.
It has been reborn as a church organization under the authority of a new
father.
"RECONVERSION, noun change, change
over... readjustment, rebirth... re-establishment, ... return, reversal,
reversion, shift, transformation..."
And there came unto me one of the
seven angels which had the seven vials full of the seven last plagues, and
talked with me, saying, Come hither, I will shew thee the bride, the
Lamb's wife. (Re 21:9)
Jesus Christ is not the Father of the
Church but the husband, for the Church is the bride of Christ.
Incorporation with the state by a Church, established by Christ, is like
fornicating with another groom. The churches are going under the authority
of the state when they ask to be reestablished by the state.
For the husband is the head of the
wife, even as Christ is the head of the church: and he is the saviour of
the body. (Eph 5:23)
If the Church is the bride of Christ and
his Holy Body, one with Him, then how can it let another authority rule
over it. Is this relationship established, not because it is the Law, but
because it grants gifts or payment? If the church enters into a
relationship with the state by its own desire, which was reserved for its
husband, has it committed fornication.
And the woman was arrayed in
purple and scarlet colour, and decked with gold and precious stones and
pearls, having a golden cup in her hand full of abominations and
filthiness of her fornication: (Rev. 17:4)
Those ministers and priests who continue
to hide their eyes and put no difference between the holy and the profane
and conspire to cause the faithful to stumble and go under the authority
of those who are not of Christ must repent and turn about into His Holy
way.
And the word of the LORD came unto
me, saying, Son of man, say unto her, Thou [art] the land that is not
cleansed, nor rained upon in the day of indignation. [There is] a
conspiracy of her prophets in the midst thereof, like a roaring lion
ravening the prey; they have devoured souls; they have taken the treasure
and precious things; they have made her many widows in the midst thereof.
Her priests have violated my law, and have profaned mine holy things: they
have put no difference between the holy and profane, neither have they
shewed [difference] between the unclean and the clean, and have hid their
eyes from my sabbaths, and I am profaned among them. (Ezekiel
22:23, 26)
Can there be any doubt that Christ's
Church is exempt without application346?
For ye are bought with a price:
therefore glorify God in your body, and in your spirit, which are God's.
(1Co 6:20)
Can you justify giving to Caesar what
Christ has bought?
Ye are bought with a price; be not
ye the servants of men. (1Co 7:23)
Can there be any doubt that if you
request an exemption that is already mandatory that you are going under a
strict regulatory power that claims ownership of your church and your
tithes?
But there were false prophets also
among the people, even as there shall be false teachers among you, who
privily shall bring in damnable heresies, even denying the Lord that
bought them, and bring upon themselves swift destruction. (2Pe
2:1)
Study to shew thyself approved
unto God, a workman that needeth not to be ashamed, rightly dividing the
word of truth. (2Ti 2:15)
Now we command you, brethren, in
the name of our Lord Jesus Christ, that ye withdraw yourselves from every
brother that walketh disorderly, and not after the tradition which he
received of us. (2 Thessalonians 3:6).
FOOT NOTES
Return 320 "Application for
Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue
Code," under "Purpose of Form," section "2.
Organizations not Required to file Form 1023. -Department of the Treasury,
Internal Revenue Service.
Return 321 Department of the
Treasury, I.R.S., Pub. 557 Tax-Exempt Status for Your Organization. Chapt.
3 Page 9
Return 322 Department of the
Treasury, I.R.S., Pub. 557 Tax-Exempt Status for Your Organization. Chapt.
3 Page 14.
Return 323 Detailed Analysis, Tax
Management Inc. a subsidiary of the Bureau of National Affairs, Inc.
464-2nd, A -3
Return 324 Department of the
Treasury, I.R.S., Pub. 557 Tax-Exempt Status for Your Organization. Chapt.
3 Page 14.
Return 325 Detailed Analysis, Tax
Management Inc. a subsidiary of the Bureau of National Affairs, Inc.
464-2nd, A -1
Return 326 "GENERAL. Pertaining
to, or designating, the genus or class, as distinguished from that which
characterizes the species or individual." Black's 3rd ed. Page 840.
Return 327 Department of the
Treasury, Internal Revenue Service, Instructions for form 1023. section 2.
Return 328 Detailed Analysis, Tax
Management Inc. a subsidiary of the Bureau of National Affairs, Inc.
464-2nd, A - 1
Return 329 Black's Law Dictionary
3rd ed. Page 325. also 4th, 5th 6th Ed.
Return 330 Detailed Analysis, Tax
Management Inc. a subsidiary of the Bureau of National Affairs, Inc.
464-2nd, A - 1
Return 331 Strong's No. 1344 1344
dikaioo {dik-ah-yo'-o} from 1342; vb AV - justify (37) be freed (1)
righteous (1) justifier (1) [40] 1) to render righteous or such he ought
to be 2) to show, exhibit, evince, one to be righteous, such as he is and
wishes himself to be considered 3) to declare, pronounce, one to be just,
righteous, or such as he ought to be
Return 332 House Report from the
Revenue Act of 1938.
Return 333 Roscoe Egger, former IRS
Commissioner.
Return 334 Strong's No. 1228
diabolos {dee-ab'-ol-os} from 1225; adj AV - devil (35) false accuser (2)
- slanderer (1) [38] 1) prone to slander, slanderous, accusing falsely 1a)
a calumniator, false accuser, slanderer, ... the author of evil,
persecuting good men, estranging mankind from God and enticing them to
sin, afflicting them with diseases by means of demons who take possession
of their bodies at his bidding.
Return 335 Strong's No. 2839 koinos
{koy-nos'} probably from 4862; adj AV - common (7) unclean (3) - defiled
(1) - unholy (1) [12] 1) common 2) common i.e. ordinary, belonging to
generality; by the Jews, unhallowed, profane, Levitically unclean
Return 336 Strong's No. 4991 soteria
{so-tay-ree'-ah} feminine of a derivative of 4990 as (properly, abstract)
noun; AV - salvation (40) - the (one) be saved (1) - deliver + 1325 (1) -
health (1) - saving (1) that (one) be saved + 1519 (1) [45] 1)
deliverance, preservation, safety, salvation: deliverance from the
molestation of enemies; ...
Return 337 Strong's No. 2889 kosmos
{kos'-mos}"an apt and harmonious arrangement or constitution, order,
government." from komizo"to care for, take care of, provide
for" or "carry off what is one's own," Bible and
Concordance. Woodside Bible Fellowship.
Return 338 Black's Law Dictionary
3rd ed. Page 946.
Return 339 Bouvier's Law Dictionary
Return 340 Black's Law Dictionary
6th ed.
Return 341 Black's Law Dictionary
3rd ed. Page 1085..
Return 342 Black's Law Dictionary
3rd ed. Page 681.
Return 343 Bovier's Law Dictionary.
Return 344 Black's Law Dictionary
6th ed.
Return 345 Harrison v. Barker
Annuity Fund; 90 E2d 286
Return 346 Roget's Thesaurus 765.1
prayer... application.
END OF FOOTNOTES
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