Showing posts with label Gifts or Income. Show all posts
Showing posts with label Gifts or Income. Show all posts

Saturday, June 23, 2012

Rendering Unto Caesar, Part 2: Other Clergy Fall (6/23/12)

I have previously discussed the tax crimes of Ronald Weinland, a pastor and self-proclaimed prophet.  See here.  Today, we have a new opinion involving other clergy.  In United States v. Jinwright, 683 F.3d 471 (4th Cir. 2012), here, the Fourth Circuit covers a lot of issues that are often presented in tax crimes prosecutions.  The facts are interesting, very interesting, and the discussion of the legal issues presented also interesting.

THE FACTS

1.  The Jinwrights, husband and wife, were "former co-pastors of Greater Salem Church in North Carolina."  They were convicted of "a tax evasion scheme" involving "millions of dollars of taxable income."

2.  The pattern of their conduct is summarized by the Court as follows:
When Mr. Jinwright first became pastor at GSC [Greater Salem Church], his salary was about $10,000. By 2001, his salary had increased to approximately $148,000. It reached about $300,000 by 2007. Between 2001 and 2007, GSC provided Mr. Jinwright with substantial benefits, in addition to his salary, that he underreported on his tax returns. He received housing allowances of between $130,000 and $160,000 per year, travel allowances of $19,000 to $48,000 per year, payments for his children's tuition and his federal income tax liability, and unlimited use of a luxury car leased by the church in addition to an annual vehicle allowance. Mr. Jinwright also received annual bonuses of $35,000 to $50,000, as well as separate Christmas bonuses. He had use of a GSC credit card and received reimbursements for purported business-related expenses that remained unsubstantiated. Taken together, Mr. Jinwright's total GSC compensation between 2001 and 2007 totaled nearly $3.9 million. During that time, Mrs. Jinwright received similar compensation from GSC in the form of salary, bonuses, allowances, and reimbursements, totaling nearly $1 million. 
The Jinwrights earned more income outside of GSC. Together they earned tens of thousands of dollars in additional income for speaking at other churches that they failed to report to the IRS. Mr. Jinwright established an organization known as A.L. Jinwright Ministries, Inc. (ALJM), purportedly to receive his income from outside speaking engagements. Mrs. Jinwright was responsible for handling ALJM's bank statements and providing the corporation's financial information to the Jinwrights' CPA. Although defendants kept the income earned through this business, GSC paid its operating expenses. Mr. Jinwright also founded the Pastors Consortium. The consortium, with a membership of other pastors, held annual events celebrating the anniversaries of the members' churches. During these celebrations the participants would exchange "gifts" to one another in the form of checks for thousands of dollars.