Hernandez V. Commissioner - Dissent

Dissent

Justice O'Connor and Justice Scalia disagreed with the majority opinion. The opinion noted that there have been no instances where the IRS has previously denied deductibility on a quid pro quo basis even though the benefit was entirely spiritual or religious. Because of the difficulty in putting a dollar value on intangible religious benefits, the Government had, up until this case, chosen to ignore the quid pro quo argument and allow these deductions.

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