26 U.S.C. § 107
Section 107 · Rental value of parsonages
Amended 2 times on record
Applied in 195 court decisions — leading case Texas Monthly, Inc. v. Bullock (1989)
Most recently applied in Gaylor v. Mnuchin (March 2019)
Cases citing this section usually also cite 26 U.S.C. § 22 · 26 U.S.C. § 12 · 26 U.S.C. § 501
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
In the case of a minister of the gospel, gross income does not include—
(1) the rental value of a home furnished to him as part of his compensation; or
(2) the rental allowance paid to him as part of his compensation, to the extent used by him to rent or provide a home and to the extent such allowance does not exceed the fair rental value of the home, including furnishings and appurtenances such as a garage, plus the cost of utilities.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
2002—Par. (2). Pub. L. 107–181 inserted “and to the extent such allowance does not exceed the fair rental value of the home, including furnishings and appurtenances such as a garage, plus the cost of utilities” before period at end.
Effective Date of 2002 Amendment
Pub. L. 107–181, §2(b), May 20, 2002, 116 Stat. 583, provided that:
“(1) In general.—The amendment made by this section [amending this section] shall apply to taxable years beginning after December 31, 2001.
“(2) Returns positions.—The amendment made by this section also shall apply to any taxable year beginning before January 1, 2002, for which the taxpayer—
“(A) on a return filed before April 17, 2002, limited the exclusion under section 107 of the Internal Revenue Code of 1986 as provided in such amendment, or
“(B) filed a return after April 16, 2002.
“(3) Other years before 2002.—Except as provided in paragraph (2), notwithstanding any prior regulation, revenue ruling, or other guidance issued by the Internal Revenue Service, no person shall be subject to the limitations added to section 107 of such Code by this Act for any taxable year beginning before January 1, 2002.”